Judgment

Dr. AR. Lakshmanan, J.—Leave granted.

2. This appeal is directed against the final judgment and order dated 10.4.2003 passed by the High Court of Jharkhand, Ranchi in L.P.A. No. 88 of 2003 dismissing the appeal filed by the appellant against the judgment and order dated 19.12.2002 passed by the learned single Judge in W.P.(S) No. 3159 of 2001.

3. Before proceeding to consider the matter on merits, the facts can be stated briefly for the purpose of the present appeal.

4. The appellant is an ex-employee of the respondent-Board. He retired on 28.2.1998 from the post of Foreman, Grade I. The appellant after retirement did not choose to vacate the Board’s quarter. He initially moved before the High Court in C.W.J.C.No. 1405 of 1998(R) wherein the High Court by order dated 19.2.1999 directed the appellant to vacate the quarter within one month from the date of receipt of the retiral benefits. Thereafter, the appellant having not vacated the Board’s quarter, the High Court vide order dated 31.8.1999 by which date all retiral benefits including gratuity stood paid, directed the appellant to vacate the Board’s quarter by 30.9.1999 as per the earlier order.

5. The appellant even thereaft