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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T.S. SIVAGNANAM, R. THARANI, JJ.
D. Amutha - Petitioner
Versus
The Execute Engineer cum Administrative Officer, Tamil Nadu Housing Board, Elis Nagar, Madurai & Others - Respondents
W.P(MD)No.19277 of 2019 & W.M.P.(MD)No. 15698 of 2019
Decided On : 05-09-2019
Mandamus - Government Quarters - The court held that the petitioner, who was a temporary employee, was not entitled to the allotment of a Government quarters and should vacate the premises within four weeks.
Fact of the Case:
The petitioner, a temporary employee, sought a writ of mandamus to direct the Tamil Nadu Housing Board to grant her six months' time to vacate a Government staff quarters.
Finding of the Court:
The court found that the petitioner, being a temporary employee, was not entitled to the allotment of the Government quarters and ordered her to vacate the premises within four weeks.
Issues: The issue was whether the petitioner, as a temporary employee, was entitled to continue occupying the Government quarters.
Ratio Decidendi: The court held that the rules did not permit temporary employees for allotment of quarters, and only permanent government employees after successful completion of probation were entitled to apply for the allotment of Government quarters.
Final Decision: The writ petition was dismissed, and the petitioner was granted four weeks' time to vacate the premises and hand over vacant possession of the quarters.
JUDGMENT :
T.S. Sivagnanam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to grant the petitioner a period of six months time (reckoning from today) to vacate the allotted house in Door No.B60/5 of the Government staff quarters situated at Race Course Colony, Madurai.)
Heard Mr.V.Angusamy, learned counsel appearing for the petitioner, Mr.Mahaboob Athiff, learned counsel appearing for the first and second respondents and Mr.Palaramasamy, learned counsel for the third respondent.
2. By consent of both parties, this writ petition is taken up for final disposal.
3. This writ petition has been filed by the petitioner seeking direction upon the first respondent, Tamil Nadu Housing Board to grant her six months time to vacate the house bearing door No.B60/5 of the Government staff quarters situated at Race Course Colony, Madurai.
4. At the very outset, we wish to point out that it is not known as to under what circumstances, the petitioner, who was the 10(a)(i) employee, was granted allotment in the year 2014. To our knowledge, the rules do not permit the temporary employee for allotment of quarters and the Government employee only after the successful completion of the probation shall be entitled to file an application for grant of allotment of a Government quarters and application will be maintained in order of seniority.
5. The petitioner was appointed as 10(a)(i) candidate on 24.06.2013 and was able to secure an allotment of a Government quarters on 02.05.2014. At this juncture we hold that the petitioner cannot continue to occupy the Government quarters.
6. For the above reason, while dismissing the writ petition, we grant four weeks time from the date of receipt of a copy of this order to the petitioner to vacate the premises and hand over the vacant possession of the quarters. No costs. Consequently, connected miscellaneous petition is closed.
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