Eviction can be lawfully executed under public premises legislation when occupancy after a specified period lapses, regardless of retention requests from a former government employee, allowing for recovery of dues from retirement benefits.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This revisional application under Article 227 of the Constitution of India is directed against the judgement and order dated 26th day of July, 2012 passed by learned Additional District Judge, 5^th Court, South 24 Parganas in P.P appeal no. 16 of 2011 where by in exercise of the powers conferred under sub-section (1) of Section 5 of the Public Premises (Eviction of Unauthorised Occupants Act,) 1971, directed the present petitioner to vacate the premises within 15 days from the date of publication of the order and in the event of refusal or failure to comply with the order within the specified above period, the petitioner will be liable to be evicted from the premises.

2. The fact of the case of the petitioner in action is that the petitioner was an employee of Metro Railway as Chief Operation Manager and while in such post, he was allotted with a railway quarter being Flat No. 4 at premises No. 90, Chowringhee Road, P.S. – Bhawanipur, Kolkata – 700020. He got superannuated from the post of Chief Operation Manager, Metro Railway on January 31, 2010 and was appointed by RITES, a Government of India Enterprise, Ministry of Railway as advisor (Traffic) in the Office of General Manager (P), M/s RITES Ltd. at the Regional Project Office Metro Railway, service Building, second floor, 56, C.R. Avenue, Kolkata 700012 with effect from March 19, 2010. The petitioner retained the said flat on normal rent with effect from 1.2.2010 up to 31.5.2010 and on double rent from 1.6.2010 to 30.9.2010 with approval from the General Manager Metro Railway.

3. Since the petitioner was appointed as an advisor in RITES, which is also a Government of India enterprise under the Ministry of Railway prayed for allowing him to continue with the above allotment in respect of the said Railway Quarter and applied on 9.9.2010 for a further retention for a period of 8 months from 1.10.2010 on double rent . The said letter was forwarded to the Railway Board for consideration and appropriate decision vide Memo No MRTS/E/321/8/JKM dated 27.9.2010 by the Chief personnel manager for the G.M M. Railway. The Railway board advised G.M,M Rly to deal with the petitioner’s representation according to the Board's circular dated 17.10.2007 which delegated the power of permitting retention of Railway quarters on Medical ground upon the General Manager of the respective Railways .The petitioner’s request for further retention for another 8 months was not considered .

4. A circular dated 30.11.2010 was issued by the Railway Board, permitting mutual exchange of staff quarters between zonal Railways and Railway Public sector undertakings. The G.M. (P) RITES wrote to G.M, M. Railway vide memo, No. 12/P/Misc./2010/6496 dated 20.12.2010, seeking interchange of one RITES quarter at Liluah with the railway quarter at 90, Chowringhee Road, which is in possession of the petitioner so that he can continue to retain it. The said petition was never considered not rejected by the G.M, M. Rly. Senior divisional engineer and the Estate Officer issued a show-cause notice dated 12.9.2011 and also called upon the petitioner to appear before him with relevant documents on 19.9.2011 for personal hearing. The petitioner prayed for an adjournment, however, such adjournment was not granted and the order of eviction was passed on 24.10.20 11 ex-parte.

5. Challenging the unlawful actions of the respondent in passing the order of eviction without considering either the petitioner’s letter dated 9.9.2010, nor the letter issued by G.M (P) RITES dated 20.12.2010, t