R.Sivakumar v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.27478, 27479 & 27481 of 2022 R.Sivakumar ... Petitioner Vs
1. The Chairman & Managing Director,
2. The Chief Manager, (Administration)
3. The Joint General Manager (HR), Chennai Metro Rail Limited, Admin Building, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai - 600 107.
... Respondents 1/6
Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders dated 12.09.2022 & 30.09.2022 vide No.CO-11031/7/2017-GEN(3803) issued by the 2nd respondent to the petitioner and quash the said impugned orders and to direct the respondents to permit the petitioner to retain the official accommodation in the railway quarters bearing No.602, Sharavati, Konkan Ral Vihar, sector-40, Seawoods west, Navi Mumbai - 400 706, till 30.04.2023. For Petitioner ...
Mr.H.Mohammed Farook For Respondents ...
Mr.T.K.M.Saikrishnan Standing Counsel
O R D E R
The petitioner has challenged the impugned order dated 12.09.2022 calling upon him to vacate the staff quarters.
2. The petitioner has been deputed to Chennai from Mumbai and therefore, he has been directed to vacate the staff quarters at Mumbai. On the last hearing date i.e., on 26.10.2022, this Court requested the learned counsel appearing for the respondents, on humanitarian grounds, to seek instructions as to whether two months time can be granted to the petitioner to vacate the staff quarters at Mumbai, provided the petitioner gives an 2/6
undertaking that he will vacate the staff quarters by that time.
3. Today, the learned Standing Counsel appearing for the respondents, on instructions, would submit that with great difficulty, he was able to convince the respondents and on humanitarian ground, the petitioner may be allowed to remain in the staff quarters for a period of one month. He would also submit that it is not possible to grant any further time to the petitioner to remain in the staff quarters in view of the fact that so many employees are waiting in the queue to get allotment for the same staff quarters. The said statement made by the learned counsel for the respondents is recorded by this court.
4. The petitioner has also filed an affidavit of undertaking before this Court dated 31.10.2022 wherein he has given an undertaking that he will vacate the staff quarters positively within a period of two months.
5. Since the respondents have categorically stated that they will be in a position to grant only one month time for the petitioner to vacate the staff quarters, the undertaking given by the petitioner before this Court shall be made applicable for the one month extension, even though the said undertaking was given by the petitioner for two months. Learned counsel for 3/6
the petitioner on instructions, also agree to the same.
6. For the foregoing reasons, this Writ Petition is disposed of by directing the petitioner, based on his undertaking and acceptance by he respondents to vacate the subject staff quarters at Mumbai within a period of one month i.e., on or before 30.11.2022 by paying double rent for the extended period as per the rules of the respondents. It is made clear that the order passed by this Court shall not be treated as a precedent by any other party in the near future. No costs. Consequently, connected miscellaneous petitions are closed.
31.10.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To
1. The Chairman & Managing Director, 4/6
2. The Chief Manager, (Administration)
3. The Joint General Manager (HR), Chennai Metro Rail Limited, Admin Building, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai - 600 107.
5/6
ABDUL QUDDHOSE, J.
vsi 31.10.2022 6/6