ASHA SAXENA Vs. U.P. S.E.B. EX. ENGINEER, ELECTRICITY
LAWS(ALL)-2011-5-297
HIGH COURT OF ALLAHABAD
Decided on May 03,2011

ASHA SAXENA Appellant
VERSUS
U.P. S.E.B. Ex. Engineer, Electricity Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the Petitioner. At the time of argument, no one appeared on behalf of employer Respondents U.P. State Electricity Board and its authorities.
(2.) Late Sri Rajeshwar Nath, the husband of the original Petitioner Smt. Asha Saxena, who has also died and substituted by her legal representatives, was an employee of the Respondents and by virtue of employment, he was provided a residential quarter by the employer at Kanpur number of which is 7/18, Type-II in Panki Power House Colony, Panki, Kanpur. Husband of the original Petitioner did not vacate the allotted quarter even after his retirement on 31.01.1991, hence penal rent was charged and deducted from gratuity, pension etc. (Sri Rajeshwar Nath died on 16.10.1996) In Paras-14 and 20 of the writ petition, it is mentioned that a bill of about Rs. 1,18,000/- was raised in respect of penal rent on 23.12.1991. The prayer in this writ petition is that penal rent bill dated 23.12.1991 may be set aside and order of labour Court dated 26.11.1996 may be directed to be complied with by the Respondents.
(3.) It appears that the legal representatives of the employee and the original Petitioner (husband and wife) are still in the possession of quarter as is evident from their address given in the affidavit and substitution application filed on 10.08.2009. This is horrible state of affairs.;


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