Paresh Halder v. Union Of India And ORS.

29/06 In the High Court at Calcutta Constitutional Writ Jurisdiction AD/08/18 Appellate Side 266312 WPA/12277/2026 NANDY (DO) PARESH HALDER VS THE UNION OF INDIA & ORS.

Mr. Dipanjan Datta, Advocate Mr. Kunal Ganguly, Advocate Mr. Subhajit Chowdhury, Advocate Mr. Kaustav Banerjee, Advocate Ms. Esha Basak, Advocate ......for the Petitioner Mr. Sauvik Nandy, Sr. Advocate Ms. Anamika Pandey, Advocate ......for the Union of India

1. Affidavit of service, as filed, be kept with the record.

2. The transfer of the petitioner from his place of work at Kharagpur to Adra has been seriously questioned in this writ-petition.

3. In the meanwhile, during the pendency of the writpetition, the petitioner has joined his new posting at Adra. However, the petitioner is now aggrieved that he has been asked to vacate his residential quarter at Kharagpur, which is occupied by his family members.

4. Ms. Pandey, learned Advocate appearing for the respondent, submits that a place of residence can only be retained by a person who is working within the premises. Since the petitioner has been transferred to Adra, the question of the petitioner retaining the residential quarter at Kharagpur does not arise.

5. Under the circumstances, on the consensus of the parties, I direct the respondent authority to ensure that the petitioner is allotted a residential quarter at Adra.

6. Upon such allotment being made, the petitioner will immediately vacate and hand over vacant and peaceful possession of the residential quarter allotted to him at Kharagpur.

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7. With the afore-stated directions, the writ-petition is disposed of. No order as to costs.

8. Urgent Photostat Certified Copy of this order be given to the parties, if applied for, on priority basis. (Reetobroto Kumar Mitra, J.)