ISHWAR DUTTA UPADHYAY Vs. THE UNION OF INDIA
LAWS(JHAR)-2016-7-158
HIGH COURT OF JHARKHAND
Decided on July 28,2016

Ishwar Dutta Upadhyay Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

APARESH KUMAR SINGH,J. - (1.) Heard counsel for the parties.
(2.) In all these writ petitions, petitioners are ex-employees of Bokaro Steel Plant, a Unit of Steel Authority of India Limited. Couched in different languages, but the prayer in the instant writ petitions on their behalf, in sum and substance, are as follows:- i. They have been allowed to retain quarters after retirement by Bokaro Steel Limited (BSL) on retention of their gratuity. They seek release of gratuity amount. Petitioners have also contended that they are entitled to be paid the gratuity amount without deducting any penal rent of quarters under occupation since their retirement. ii. They have also prayed for allotment of the respective quarters on the basis of the Scheme for Licensing of E/F/EF type of houses in Sectors 1, 5, 6, 8, 9, 11 and 12 at Bokaro Steel City: Phase I-2009 asserting that the petitioners are being discriminated in the matter of allotment of quarters under the said policy.
(3.) Respondents have asserted that the petitioners have consciously executed undertakings for retention of quarters by allowing the Respondent BSL to retain an amount equivalent to the gratuity amount. They rely upon enclosures enclosed in some of the counter affidavits. They also contend that the proceedings for eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 have been initiated before the Court of Estate Officer, Bokaro Steel Limited, which however is pending in the individual cases on account of interim protection granted by this Court in the present matters.;


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