Citation : 2022 Latest Caselaw 954 Tel
Judgement Date : 2 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.431 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
On 03.02.2022, there was no appearance on behalf of the
appellant even in the second round and today also, there is no
appearance on behalf of the appellant.
The present writ appeal is arising out of order dated
30.07.2020
passed in W.P.No.11590 of 2020.
The facts of the case reveal that the writ
petitioner/appellant before this Court serving on the post of
Assistant Engineer in NSC Division, Miryalaguda under the
control of Superintending Engineer, N.S.Dam Circle,
Miryalaguda, was sent on duty basis to D&G Sub-Division of
Dam Maintenance Division, Hill Colony, under the control of
Superintending Engineer, N.S.Dam, Circle, Hill Colony, vide
proceedings dated 02.05.2015. By an order dated 28.04.2018,
the said proceedings were cancelled and the writ petitioner was
repatriated to his parent unit. The writ petitioner came up
before this Court stating that while he was posted in the
maintenance division of N.S. Dam Circle, he was allotted
quarter i.e., quarter No.AE/54 in Hill Colony and he has been
directed by notice dated 03.07.2020 to vacate the said quarter.
The learned Single Judge has dismissed the writ petition on the
ground that once the writ petitioner reported back to his parent
unit, he cannot seek continuance in the quarter allotted to him
while he was working in Hill Colony. Learned counsel for the
writ petitioner prayed that some breathing time be given to the
writ petitioner to vacate the quarter and the learned Single
Judge has granted eight weeks time to vacate the quarter.
In the considered opinion of this Court, once the writ
petitioner has been transferred from the place of posting, he is
not at all entitled to reside in the Government quarter, which is
earmarked for the employees of N.S.Dam Circle. This Court
does not find any reason to interfere with the order passed by
the learned Single Judge.
Accordingly, the writ appeal stands dismissed.
Miscellaneous applications pending, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J 02.03.2022 ES
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