BALMIKI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioner has submitted that the petitioner has retired on 31st May, 2000 and he retained the quarters given by the Government upto 16th July, 2002 and, therefore, a rent has been assessed by the respondents under Government Residential Allotment Rules enacted under the Bihar Service Code , which is enacted under first proviso to Article 309 of Constitution of India whereby an order has been passed by respondent no. 3 dated 9th October, 2002 at Annexure 2 to the memo of present petition and the amount of Rs. 41,517/ - has been deducted from the retirement benefits of the present petitioner and, therefore, the present petition has been preferred.

(2.) LEARNED counsel for the petitioner has also submitted that since retirement benefits were not paid, the petitioner has retained the quarters. Second contention raised is that some Deputy Secretary of same department of the State has allowed him to retain the quarters and, therefore, he has continued to retain the quarters; therefore, no such assessment can be made. Learned counsel for the petitioner has also submitted that earlier there was also order passed by this Court for payment of retirement benefits and, therefore, also the quarters has been retained and no such order for high assessment of the rent can be passed.

(3.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this petition mainly for the following facts and reasons: