Online edition of India's National Newspaper
Tuesday, Nov 06, 2007
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Online edition of India's National Newspaper Tuesday, Nov 06, 2007 ePaper |
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Tamil Nadu
It is only based on leave and licence rule: Court Exemplary cost of Rs.5,000 imposed on petitioner for suppressing material facts CHENNAI: Allotment of residential quarters is not a condition of service for any municipal employee and is only based on leave and licence rule since there may not be enough quarters to be allotted to all employees of a municipality, the Madras High Court has held. Justice K. Chandru, dismissing a “second round” of writ petitions filed by K. Devadoss of Mettur Municipality and imposing an exemplary cost of Rs.5,000 on him for suppressing material facts, said: “It is needless to state that the right to reside in the quarters is co-terminus with the tenure of service rendered by the petitioner and it can continue so long as the employment continues. Even if employees are transferred, they will have to surrender the quarters and go to another place of station where he may or may not be allotted quarters.” Petitioners criticisedMr. Devadoss and some other employees, who had been allotted quarters by the Municipality, approached the High Court in 1998 seeking a direction to the civic body that it assign the quarters to them. In June 1998, severely criticising the petitioners, the court held that they did not hold any right of pre-emptive purchase and there was no obligation for the Government to sell any such quarters for the employees once they are retired or transferred. After his retirement in May 2007, Mr. Devadoss filed another petition challenging the Municipal Commissioner’s order asking him to vacate the premises within seven days. A stay was granted by the court. He filed yet another petition, stating that till all the terminal benefits were paid to him, he should not be evicted from the quarters. Mr. Justice Chandru, stating that it was clearly an abuse of process of law, dismissed the earlier case and imposed an exemplary cost of Rs.5,000. The Judge also dismissed the case relating to terminal benefits also, noting that it was the petitioner’s attempt to retain the quarters over which he had a “lurking desire.”
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