Petitioner, daughter of a deceased BSNL employee, sought writ relief against eviction from official quarter, citing education needs. Court allowed temporary stay until May 2015 pending payment of dues.
Permission to retain accommodation till 31.05.2015 subject to payment of dues by 15.02.2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1338 of 2015
=========================================================== Anu Rani, daughter of late Indu Devi, Ex-Senior T.O.A., Bharat Sanchar Nigam Limited, office of the Telecom District Manager, Motihari, prewently residing in Qr. No. 1/III, Block-A, BSNL Colony, Motihari.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance :
For the Petitioner : Mr. Umesh Kumar Mishra, Advocate. For the Respondents : Mr. Prabhat Kumar Singh, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and
HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 03-02-2015
Heard learned counsel for the petitioner and learned counsel for respondent- Bharat Sanchar Nigam Limited (for short `BSNL’) and with their consent, this writ petition is being disposed of at this stage itself.
Patna High Court CWJC No.1338 of 2015 dt.03-02-2015
2
are residing in that quarter. They have been threatened with eviction by the BSNL authority. She first moved the Central Administrative Tribunal, but could not get any relief. She has, thus, filed this writ petition.
Patna High Court CWJC No.1338 of 2015 dt.03-02-2015
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already employed in State Government service as an Assistant Teacher and he stays in the same district. They are already constructing their own house. For the accommodation, payments have not been made though they have already enjoyed the accommodation for over three and a half years inspite of notices to vacate having been issued. In that view of the matter, learned counsel for the BSNL submits that this Court should not interfere in the matter, rather it should direct the petitioner to surrender the accommodation so that other bona fide employees, who are awaiting allotment of quarters, may be allotted the same.
Patna High Court CWJC No.1338 of 2015 dt.03-02-2015
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fees from 01.06.2011 up to date.
(Navaniti Prasad Singh, J)
MPS/-
(Jitendra Mohan Sharma, J)
U
2 issues framed by the court
Whether the court should be permitted to stay in the petioner is the entitled to occupy her mother's official quarter at BSNL premises after the death in honours.
Whether the conditions of retention of accommodation and payment of dues should be enforced to allow temporary stay during the petitioner's examination.
Anu Rani
Union of India
Chief General Manager, Bharat Sanchar Nigam Limited, Bihar
Navaniti Prasad Singh
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
