IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13049 of 2010
AWADHESH PRASAD SHARMA.
Versus
THE STATE OF BIHAR & ORS
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02. 13.09.2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The submission is that the petitioner is a
Government servant. The quarter in question was
allotted to him in regular course by order dated
20.3.2009. The allotment order does not state that it
was an ad-hoc appointment. The impugned order,
therefore, cannot subsequently re-designate the nature
of the allotment. The petitioner is due for
superannuation on 31.1.2012. The petitioner is a
member of the Bihar Administrative Service and is also
entitled to the allotment of ‘D’ category Quarter.
The impugned order describes the allotment
as ad-hoc. The allotment order dated 20.3.2009 does
not say so. The petitioner is being asked to vacate, so
that the Quarter may be allotted to another
Government servant, who is residing in a rented
accommodations.
The petitioner is stated to have been
represented on 5.8.2010. Permission is granted to
supplement the representation, if so advised.
Let the petitioner represents before the
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District Magistrate, supporting his claim of a regular
allotment and entitlement of ‘D’ category Quarter in
accordance with the Rules regulating allotment of
Quarters.
No arguments have been addressed from
any Rules regulating allotment of Quarter.
Needless to state that, if the petitioner is
entitled to the allotment as per Rules, he cannot be
asked to vacate in favour of those, who may be
occupying rented accommodations elsewhere. He
cannot be asked to shift to rented accommodation,
except as per Rules.
Let the District Magistrate consider and
decide the representation of the petitioner within a
maximum period of four months from the date of
receipt/production of a copy of this order. Till such
disposal, the District Magistrate is expected not to take
any coercive action so as to render the representation
infructuous.
The application stands disposed.
P.K. ( Navin Sinha, J.)