THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No. 619 of 2004 ORDER: The petitioners feel aggrieved by the action of the respondents in not regularizing the residential occupation of quarters, by them. The husband of the 1st petitioner by name, Komaraiah, and the husband of the 2nd petitioner, by name, Gattaiah, were employed as Coal Fillers, by the Singareni Collieries Company Limited (for short ‘the Company’). Both of them expired, while in service. On applications made by the petitioners, the respondents appointed them on compassionate grounds, as Sweepers, in accordance with the existing scheme. It is stated that the respective husbands of the petitioners were in occupation of official accommodation, bearing quarters Nos.T2/1210 and 1225, respectively, in Sector-II Colony, Godavarikhani, and after their death, they are continuing in the same. Their grievance is that the respondents are deducting penal rents from the petitioners, without regularizing their occupation, in accordance with the scheme in vogue. The respondents filed a detailed counter-affidavit. According to them, the occupation of the quarters by the deceased-employees, was not on the basis of any allotment, and in that view of the matter, the petitioners cannot be permitted to remain in possession thereof. Reference is made to the relevant clauses in the scheme, and the judgments rendered by this Court, in fairly large number of cases. Heard the learned counsel for the petitioners and learned counsel for the respondents. The deceased-employees were, no doubt, in occupation of the quarters. That, however, was not on the basis of any official allotment. After the death of the employees, their legal representatives, the petitioners herein, remained in possession and thereafter, they have been appointed on compassionate grounds. The occupation of quarters by the employees of the Company, without there being any specific order of allotment, is not something new. May be, on account of their phenomenal number, and the nature of duties, fairly good number of employees occupied the quarters, on their own accord. This naturally gave rise to several problems. The respondents evolved a scheme in this regard, in consultation with the representatives of the employees. It provides for regularization of the occupation of the quarters by the employees, subject to certain guidelines. The question as to whether the petitioners fulfilled the conditions for regularization, needs to be examined. In case there existed any seniors to the petitioners, their claim needs to be taken into account. The petitioners, however, can be extended the benefit of the stay of their deceased-spouses also, in calculating the period of unauthorized occupation, or length of service. Hence, the writ petition is disposed of, directing the respondents to consider the cases of the petitioners for regularization of the occupation of the quarters by the petitioners, duly taking into account, the length of service of the petitioners, as well as the service of their respective spouses, or their stay in the quarters, as the case may be, in accordance with the relevant guidelines. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Till such time, the respondents shall not levy any penal rent from the petitioners. If it emerges that the petitioners are not entitled for regularization of the occupation of the quarters, they shall be under obligation to vacate the same, within three months thereafter. If they fail to do so, it shall be open to the respondents to levy penal rent. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.23-09-2010. KO