BHAGWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner and her husband, Kailash Kapri both were in the services of the State. After retirement of petitioner, when the respondents sanctioned unutilized leave of 240 days, directed to deduct a sum of Rs. 25,954/ - from the said amount vide memo No. 277 dated 11th February, 2002 on the ground that the petitioner has been illegally paid such amount against the head of house rent allowance.

(2.) THE case of the respondent as appears from the enclosures is that the husband of petitioner, who was also in the Government service, having received the house rent allowance, the petitioner was not entitled for the same.

(3.) ALMOST similar matter fell for consideration before the Patna High Court in Smt. Abala Biswas @ Smt. Abala Bose v. State of Bihar and Ors., reported in 1995 (2) PLJR 34. Therein the Court observed as follows :