Patna High Court
Shyam Kishore Prasad Sharma vs The State Of Bihar And Ors on 19 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9665 of 2017
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Shyam Kishore Prasad Sharma Son of Late Anant Prasad Sharma, resident of
Village and P.O. Lari, P.S. Kortha, District- Arwal, at present Raj Vila
Apartment, Block- D.Q No. 203, P.S. Chandauti, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Water Resources
Department, Bihar, Patna
2. The Superintendent Engineer, Flood Control Circle, Samastipur.
3. The Executive Engineer, Water Drainage Division, Samastipur.
4. The Assistant Engineer, Water Drainage Division, Samastipur.
5. The Treasury Officer, Gaya.
6. The Accountant General (A &and E), Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
For the Accountant General Mr. Sudhanshu Shekhar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 19-03-2021
Heard learned counsel for the petitioner as well as learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition--
"i For issuance of writ in the nature of
mandamus or any other appropriate writ for
commanding the respondents to give
monthly pension to the petitioner forthwith,
as per P.P.O. N0. 2015.11151133 issued on
25.2.15 by respondent no.6.
ii. For issuance of writ in the nature of
mandamus or any other appropriate writ for
commanding the respondent to issue o dues
certificate in favour of the petitioner.
iii. For issuance of writ in the nature of
mandamus or any other appropriate writ
Patna High Court CWJC No.9665 of 2017 dt.19-03-2021
commanding the respondent to pay arrears
of pension along with penal interest to the
petitioner within a reasonable period.
iv. For issuance of writ in the nature of
certiorari for quashing the letter dated
25.4.2017 issued by the Executive Engineer,
Water Drainage Division, Samastipur by
which penal rent in the tune of Rs. 1,53,
000/-(Rs. One lac fifty three thousand only)
in proposed to be deducted from the
pensionary benefit of petitioner.
v. For issuance of writ in the nature of
mandamus for directing the respondent to
calculate and deduct the rent of 17 month in
accordance with law.
vi. For any other appropriate relief for
which petitioner is entitled in the eye of law.
vii. For issuance of writ in the nature of
certiorari for quashing the office order
issued vide Letter No. 997 dated 12.9.2017
by the signature of respondent No.2 and for
direction to Respondent No.5 not to deduct
the mount from pension and furthermore,
pending the writ petition, effect of Letter No.
997 dated 12.9.2017 be stayed."
3. The short facts of the case, according to the petitioner,
are that he superannuated from the post of Head clerk from
Flood Control Circle, Samastipur on 31.01.2015, at which time
he was residing in a D-type government quarter on payment of
rent of Rs. 52/- per month as fixed by the Department. He
continued to occupy the quarter and overstayed for 25 months,
finally vacating the same on 05.05.2017. In the meantime, by
letter dated 15.12.2015 issued by the Executive Engineer, Water
Patna High Court CWJC No.9665 of 2017 dt.19-03-2021
Drainage Division, Samastipur, penal rent of Rs. 6240/- was
demanded from the petitioner calculated on the basis of monthly
rent of Rs.52/- per month with a multiplier of 15 for 8 months
(Annexure-2). Such demand was thereafter followed by another
demand by letter dated 25.04.2017 (Annexure-3) in which penal
rent was calculated @ Rs.3000/- per month with a multiplier of
3 for 17 months. Soon after, the petitioner vacated the premises
on 05.05.2017 as aforesaid. By letter dated 24.07.2017, another
demand of Rs. 76,500/- by way of penal rent was raised against
the petitioner without any calculation afforded in this regard.
This was followed by another letter dated 12.09.2017 in which
the penal rent demanded was Rs.1,69,838.50 on the basis of
monthly rent of Rs. 450.50 with a multiplier of 15 for 25 months
(Annexure-D).
4. Learned counsel for the petitioner submits that such
varying demand of penal rent from time to time is completely
arbitrary and contrary to rules. The petitioner was admittedly in
occupation of D-type government accommodation for which a
monthly rent of Rs. 52/- per month had been fixed, which
remained applicable at the time of his superannuation and had
not been revised till the time he vacated the quarter on
05.05.2017. It is therefore submitted that applying different rates
Patna High Court CWJC No.9665 of 2017 dt.19-03-2021
of monthly rent for calculation of penal rent as stated above, is
wholly arbitrary and without jurisdiction.
5. Learned counsel for the respondents appears and has
been heard. Reference is invited to a letter dated 31.10.2018
(Annexure-L to the second supplementary counter affidavit) in
which the monthly rent of D-type government accommodation
was fixed at Rs.370.00 per month calculated at the rate of 0.39
per sq.ft. It is on this basis that the monthly rent was fixed in
terms of Letter No.539 dated 16.11.2018 (Annexure-M).
6. Having heard the parties and on a consideration of
materials on record, this Court finds force in the submissions of
learned counsel for the petitioner. It is not in dispute that the
rent for D-type government quarters occupied by the petitioner
was fixed at the rate of Rs. 52/- per month and had not been
revised till the time the petitioner finally vacated the premises
on 05.05.2017. The only basis for applying the penal rent at
higher rates and varying demands from time to time as noticed
above, is the letter dated 16.11.2018 (Annexure-M) relied on by
the respondents. This letter revised the monthly rent on the basis
of letter No. 513 dated 31.10.2018 (Annexure-L). However, the
respondents have not been able to explain how and why the said
letter dated 16.11.2018 which specifically provided that the
Patna High Court CWJC No.9665 of 2017 dt.19-03-2021
revised rent would apply on and from November, 2018, has
been applied in the petitioner's case retrospectively as the
petitioner had already vacated the premises long before such
letter came into force. Besides, the respondents have also not
been able to explain the basis of the varying demands towards
the penal rent which far exceeds the calculation even on the
basis of revised penal rent of Rs. 370/- per month.
7. In the above view of the matter, the impugned letter
no. 997 dated 12.09.2017 issued by the Superintending
Engineer, Flood Control Circle, Samastipur (respondent no.2)
contained in Annexure-10 is hereby quashed. All consequences
shall accordingly follow.
8. The writ petition stands disposed of as above.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 22.03.2021
Transmission Date -
