Partly allowed

Smt.kamlesh Shukla v. South Eastern Coal Field Ltd. And Ors.

Chhattisgarh HC3 Sept 2014WPC/1655/2014

Case brief

AI extract

What is this about?

A writ petition concerning eviction from official residence was filed by a widow of a deceased employee. The High Court allowed her three months to vacate condicionally, balancing compassion with the authority to recover possession.

What did the court decide?

Allowed the petitioner three months from today to vacate the official residence after giving a personal undertaking.

Smt.kamlesh Shukla Vs South Eastern… — Pension and Retirement Benefits | Chhattisgarh HC (2014)

¶1

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR {K WRIT PETITIOMQNO. WW /2014

¶2

PETITIONER

¶3

¶4

Smt. Kamlesh SHiJkla, Wd/o late Shri Sukhendra 6fasad Shukla, aged about 54 years, Occupation^— Housewife, R/o Aamakherwa, Behind Central Hospital, Miners Colony, Qtr. No. 3, P.S., Post and Tahsil Manendragarh, District Koriya (C.G.)

¶5

VERSUS

¶6

RESPONDENTS

¶7

South Eastern Coal Field Ltd. Through: the Chairman-cum— Managing Director, Basant Vihar,‘ Seepat Road, Bilaspur (C.G.)

¶8

The General Manager,

¶9

SECL Hasdev Area, Tahsil Manendragarh, District Koriya

¶10

(C.G.)

¶11

The Deputy Chief Personal Manger, SECL Hasdev Area, District Koriya (C.G.)

¶12

The Estate Officer,

¶13

SECL Hasdev Area, Central Hospital, Manendragarh, District Koriya (C.G.)

¶14

The Welfare Officer (Pra) K.P.,

¶15

Manendragarh, Hasdev Area,

¶16

District Koriya (C.G.)

¶17

The Area Security Officer,

¶18

SECL Hasdev Area,

¶19

Manendaragarh, District Koriya (C.G.)

¶20

¶21

¶22

WRIT P ETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF

¶23

INDIA

¶24

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mm 13mm, mug—	SB: Hon’ble ^{Shri Manindra Moh} 03—09-2014 Shri A. K. Shukla, ^counsel Shri Adil Minhaz, ^Advocate the panel of respondent—SECL, matter. Heard. Though the petitioner ^has validity of eviction ^{order dated 02} by the Estate Officer, after a counsel for the petitioner subm granted some time to ‘vacate counsel for thepetitioner ^submi of deceased employee ^{of the SEC} to her on compassionate bas arrangement, ^{where she can live.} Learned counsel ^{for the re} petitioner ^{has already been gran} petitioner ^{is in unauthorized occ} since 27-11—2010 ^{and even after} by the Estate Officer, ^thepetiti of official residence ^{for a}period m Learned counsel for the submitting that ^thepetitioner ^ha premises ^{unauthorizedly since 2} order of eviction, ^thepetitioner ^is ^{Fsn‘7/20l4—2Voo‘ooo.}	its that the petitioner ^{may be} is 'to make some alternative ^{dpondent—SECL submits that the} ^{ted enough adjustment and the} ^{upation of official residence ever} ^{order dated 02-07—2013 passed} oner ^{has remained-in possession} ore ^{than one}year. irespondent—SECL is correct in ^{s remained in}possession ^{of the} ^{010 and even after suffering the} ^{residing in the}premises. i for the petitioner. present ^{in the Court and also in} was directed to appear in the challenged the ^{correctness and} —O7~2013 (Annexure P—l) passed ‘guing for some time, learned the official residence. Learned Ls that the petitioner ^{is a widow} 4 and some time ^{may be}granted with her children.

¶25

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Thmane	Learned counsel for the petitioner could not dispute that the order passed by the Estate Officer was neither challenged "Wbefo" i i W However, taking into consid4 ‘Vthei‘mét‘fEr‘, on the peculiar circum before this Court that the petitione lost her husband, who was an emp the petitioner is allowed to retail further period of three months fr< passed ^{on a} specific undertaking petitioner ^{shall, of her own will, va} handover the possession to the res; It is made clear that if the p6 Court’s order, the respondent au recovery of possession on the basi passed ^{by the Estate Officer‘} With the aforesaid observat finally disposed off. Manindra Mohan Shrivastava Judge competent ^{authority in z tppeal or in any Court of law.} aration compassionate View of stances of the case, as placed r appears to be a widow, who loyee of the respondent—SECL, 1 the official residence for a m‘ today. This order is being that after three months, the cate the official residence and yondent-SECL. ‘titioner is found misusing the thority may proceed to seek s of the order of the eviction .on/direction, the petition is Sd/-

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Thmane

Learned counsel
for the petitioner could not dispute that
the
order passed by the
Estate
Officer was
neither
challenged
"Wbefo"
i
i
W
However, taking into consid4
‘Vthei‘mét‘fEr‘,
on the peculiar circum
before this Court that the petitione
lost her husband, who was an emp
the
petitioner
is
allowed
to
retail
further period
of three months
fr<
passed ^{on a}
specific undertaking
petitioner ^{shall, of her own will, va}
handover the possession to the res;
It is made clear that if the p6
Court’s
order,
the
respondent
au
recovery of possession on the basi
passed ^{by the Estate Officer‘}
With
the
aforesaid
observat
finally disposed off.
Manindra Mohan Shrivastava
Judge
competent ^{authority in z tppeal or in any Court of law.}
aration compassionate View of
stances of the case, as placed
r appears to be a widow, who
loyee of the respondent—SECL,
1
the
official
residence
for
a
m‘ today.
This order
is being
that
after
three months,
the
cate the official residence and
yondent-SECL.
‘titioner
is found misusing the
thority may
proceed
to
seek
s of the order of the eviction
.on/direction,
the
petition
is
Sd/-

¶26

W w, wage^{rsn—7/2014—2.00.000.}

Smt.kamlesh Shukla v. South Eastern Coal Field Ltd. And Ors.

Case brief

What is this about?

What did the court decide?

Smt.kamlesh Shukla v. South Eastern Coal Field Ltd. And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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