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2004 Supreme(All) 21

B.S.CHAUHAN, ARUN TANDON
Chhetrapal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: D. K. Tiwari.
Counsel for the Respondents: K. R. Sirohi, S.C.

JUDGMENT

Dr. B. S. Chauhan, J.—This writ petition has been filed seeking the equity relief by a person who does not know means. He has been a Judicial Officer, retired from the post of Additional District Judge, Moradabad on 31st July, 1998.

2. As per the provisions contained in the Fundamental Rules, a retired Government servant, after the retirement, is entitled to retain the accommodation for a period of one month on usual rent and, subsequently for a period of three months on standard rent. As four months’ period expired on 30th November, 1998, petitioner did not vacate the accommodation allotted to him as an Additional District Judge, Moradabad. He was appointed Chairman of the District Consumer Forum, Moradabad in November, 1998. Thus, he moved an application before the District Judge, Moradabad that he should be permitted to retain the said accommodation. His application was referred to the High Court, however, the Court rejected the said application vide letter dated 30th April, 1999 and petitioner was directed to vacate the premises forthwith and to pay penal rent for the period he occupied the accommodation. The said letter was received by the petitioner on 4th May, 1999.






















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