BOREN SOREN Vs. BIHAR STATE ROAD TRANSPORT CORPORATION
LAWS(JHAR)-2008-11-40
HIGH COURT OF JHARKHAND
Decided on November 28,2008

Boren Soren Appellant
VERSUS
BIHAR STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

- (1.) In W.P.(S) No.1902 of 2003 the petitioner has prayed for the following reliefs: (a) To make payment of arrear of salary for 20 months i.e. w.e.f. June, 1998 to January, 2000 as well as payments of entire retirement benefits w.e.f. 31.1.2000 i.e. the date of retirement with interest and cost; (b)To quash the notices, as contained in Annexures 3, 5 and 7, issued by respondent no.3, on the ground and basis that by issuance of the impugned notices respondent no.3 on the basis of direction issued by respondent no.2 has issued direction and order to the petitioner to vacate the quarter of respondents, after making payments of arrears of rents @ Rs.2250/ -per month from the date of retirement till the date of vacating the quarter such order and direction has been issued without making payment of arrears of salary as well as pensionary benefits; (c) To issue direction upon the respondents, after quashing the impugned annexres, to adjust the arrear of rents of quarter in question in place of Rs.2250/ -@ 15% of the salary i.e. nearabout Rs.700/ -per month excluding electricity bill was adjusted and deducted during service period. The said arrear rent amount of Rs.700/ -per month may be adjusted while making payment of arrears of salary as well as retirement dues; and (d) Till the entire payment is made to the petitioner the respondents may be directed not to evict the petitioner from the quarter in question. In W.P.(C) No.1903 of 2003 the petitioner has prayed for quashing Annexure -4 i.e. Memo No. 182/C dated 31.3.2003, issued by respondent no.3, on the basis of direction issued by respondent no.2, whereby the petitioner has been directed to vacate the quarter no.8, allotted to her during service period
(2.) WITHIN 15 days after receipt of notice (Annexure -4) otherwise the petitioner will be forcibly evicted from the quarter in question with the help of administration, and that such action of the respondents is in violation of the orders, passed in C.W.J.C.No. 1934 of 2000(R), filed by the petitioner, as well as the order and direction passed by the Honble Court in other similar type of case i.e. C.W.J.C.No. 332 of 1999(R) and thereafter in L.P.A.No. 534 of 2000 in the aforesaid two orders the Honble Court have been pleased to direct the respondents of the concerned case that the petitioners concerned will not be evicted from the quarter till the retirement benefit is paid and no enhance rent will be charged from them. Learned counsel for the petitioner in both the cases seeks liberty to move a representation, claiming the arrears of retiral dues. Learned counsel for the petitioner has also cited decisions, wherein, certain directions have been issued. In the facts and circumstances of the case, the respondents are directed to consider the claim of the petitioner for payment of retiral dues within a period of three months from the date of receipt/production of a copy of this order. Both the writ petitions stand disposed of accordingly.;


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