SUSHIL Vs. DHBVN LIMITED

JUDGEMENT

(1.) Present petition has been filed for quashing of the order dtd. 8/2/2016 (Annexure P-5) vide which the petitioner was directed to pay penal rent for occupying Government accommodation wherein she overstayed along with her husband. The further prayer of the petitioner is that the petitioner is entitled for interest on the delayed payments of pensionary benefits released in favour of her husband, who was medically invalidated from service on 21/3/2001.

(2.) The facts as stated in the writ petition are that the husband of petitioner namely Prem Singh joined as Work-Charge T.mate with the respondent-Haryana State Electricity Board (hereinafter referred as DHBVN) in the year 1975. He was made regular Work-Charge T-mate on 19/4/1981 and thereafter was promoted as Shift Attendant on 20/4/1981. The husband of the petitioner was further promoted as Assistant Sub Station Attendant and while working on the said post, he suffered from brain hemorrhage on 23/5/2000 due to which, he became 100% disabled and could not perform his duties. Keeping in view the medical condition of the petitioner, which was duly certified by the medical authorities on 22/3/2001, holding the petitioner as in capable of discharging the duties of his post, the petitioner's husband was retired from service after invalidating him vide order dtd. 16/4/2001. At the time when the husband of the petitioner was invalidated, he was in possession of a Government accommodation and as the husband of the petitioner was in a helpless condition keeping in view the financial distress as the pensionary benefits for which the husband of the petitioner was entitled for after invalidation, were not released to him, therefore, he could not vacate the said premises and continued to occupy the same.

(3.) Vide order dtd. 8/2/2016 (Annexure P-5), husband of the petitioner was asked to deposit a sum of Rs.8,38,851.00 as a penal rent for the accommodation which they occupied, which order is under challenge in the present petition.