MOTI SUNDER DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) J. Heard learned Counsel for the Petitioner. None appears for the State of Bihar and the Anugrah Narayan Sinha Institute of Social Studies (hereinafter referred to as the "Institute"). Same was the position on 28.09.2010 when this Court passed over the matter with observation that on the next occasion if none appears on behalf of the Respondents, the matter shall proceed.

(2.) Petitioner is the widow of Late Raghunath Dwivedi who served the Institute as Sorter. Raghunath Dwivedi filed this writ petition praying, inter alia, to quash the order bearing Letter No. 1686 dated 29.07.1981 (Annexure-3) passed by the Registrar of the Institute rejecting the request of the husband of the Petitioner for payment of House Rent Allowance with further direction to recover the amount of the House Rent Allowance already paid to the husband of the Petitioner in installments. During the pendency of the writ petition Raghunath Dwivedi left for heavenly abode, where after Petitioner has been substituted in the writ petition. It is submitted on behalf of the Petitioner that the impugned order dated 29.07.1981, Annexure-3 was passed against her husband without giving him any opportunity of being heard and had the authorities of the Institute given opportunity of being heard to her husband the occasion to pass the order impugned may not have arisen at all. In this connection, it is pointed out that the impugned order dated 29.07.1981, Annexure-3 was passed ignoramus of the provisions contained in Rule 116 of the Bihar Service Code which entitle the employee to claim House-Rent Allowance even if he shares the accommodation with another employee. Husband of the Petitioner has been deprived of the House-Rent Allowance as he is said to have been sharing the official accommodation with his brother T.N. Dubey, another Class-III employee of the Institute.

(3.) Having heard counsel for the Petitioner, I quash the impugned order dated 29.07.1981, Annexure-3 and permit the Petitioner to represent before the authorities of the Institute for payment of House Rent Allowance payable to her husband with effect from 30.07.1981 until the date of his death. The authorities of the Institute shall pass appropriate orders in accordance with law in the light of the provisions contained in Rule 116 of the Bihar Service Code, provided the same has been adopted by the Institute, as early as possible, in any case within a period of two months from the date of receipt of the representation.