H N BHAVANASI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed under Article 226 of the Constitution of India for arrear salary, arrear pension and security deposit of the deceased husband of the petitioner outstanding with the State Government. Petitioner has also claimed pension under the Family Pension Scheme as widow of late A. D. Bhavanasi who expired on 10.10. 1968.

(2.) LATE Bhavanasi was a ministerial servant under Madras Presidency.On formation of the Province of Orissa on 1.4.1935, he became an employee under the Provincial Government of Orissa. While continuing as such he retired on superannuation on 13.3.1957. Thereafter he was re -employed till 13.6.1959. While in service he was occupying a Government quarters on rent. After retirement he continued to occupy the same till his death and since then widow of late A. D. Bhavanasi and his legal representatives occupied the same. Late Bhavanasi filed a suit claiming to be the owner of the house which he lost. The State Government filed a suit for recovery of damages for illegal occupation of the quarters in 1968 in which Rs. 50/ -per month was fixed as damages beginning from 13.6.1969.

(3.) THIS case reveals how the officers of the State Government take the law to their own hands without taking recourse to the remedy available in law.