JUDGMENT - R.S. BHONSALE, J.:---Two interesting points of considerable importance, which may have important bearing on the relationship of the Railway administration with their retired employees arise for determination in this petition filed by one Arjun Babloo Tukaral, an ex-employee of the Western Railway, Bombay. In order to appreciate these points, necessary undisputed facts which lie within a narrow compass may be stated as follows :

The petitioner Shri Arjun Babloo Tukaral, who was employed as a Gang Man under the Western Railway at Parel and was allotted a Railway quarter being Quarter No. 171, Room No. 14, Bandra (West), Bombay-400 050, it is alleged, without payment of any rent on account of his employment. Admittedly the petitioner retired from the service of the Western Railway on December 31, 1977. Even after his retirement from service the petitioner did not vacate the said quarter in spite of the notice being served upon him in January 17, 1978 calling upon him to hand over the vacant possession of the said quarter. As the petitioner did not vacate the said quarter, respondent No. 1 who is Personnel Inspector, (Settlement), Western Railway, Bombay Central, filed an ap

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