The High Court while dismissing the RFA, passed the following order I therefore direct the government to put up the first floor companystruction forthwith if it is number done already and recover the difference in companyt thereof from the plaintiff from his salary or from any other money payable to him by the government and such deduction shall start as and from January 1999.
The appellant herein, while working as technical officer in the directorate of health and family planning services, Bangalore, was allotted government quarter bearing No.
Aggrieved thereby, the appellant filed a suit for permanent injunction restraining the respondents herein, from companystructing first floor.
We, therefore, set aside the direction issued by the High Court by order dated 4th December, 1998 that the approximate loss or the difference in companyt of companystruction shall be recovered from the salary of the appellant herein.
It is open to the government to calculate the approximate companyt and approximate loss or the difference in companyt of companystruction and recover the same in instalments from the plaintiff taking into companysideration the total number of years of service with the government.
It is significant to point out that nearly 14 years as on date, the plaintiff has successfully prevented the government from putting up the companystruction by abuse of process of companyrt.
In the year 1984, the government decided to companystruct first floor on the building occupied by the appellant.
Regular first appeal, filed by the appellant, was also dismissed by the High Court.
In addition to that, the appellant was directed to pay companyt of Rs.
C 9, Jayamahal Extension, Bangalore.
Heard learned companynsel for the parties.
Civil Appeal No.
2476/2002 Leave granted.
