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2008 DIGILAW 1088 (JHR)

Lal Dutta Thakur v. State of Jharkhand

2008-09-08

R.R.PRASAD

body2008
Order Heard learned counsel appearing for the petitioner, learned counsel appearing for the State of Jharkhand and learned counsel appearing for the State of Bihar. 2. Learned counsel appearing for the petitioner submits that while the petitioner was working as Personal Assistant to one of the Minister in the State of Bihar, was allotted with quarter, bearing quarter no. C-23, Road No. 11, Gardanibagh, Patna. Subsequently, on bifurcation of the State, the petitioner was allotted Jharkhand cadre and by virtue of that, he joined here on 25.4.?005 as Personal Assistant to the Minister, Department of Forest and Environment and presently the petitioner is working as Personal Assistant to the Minister, Department of Rural Development and when the petitioner joined here, he claimed house rent allowance under the provision as contained in Rule 5(7) of the Bihar State Employees (House Rent Allowance) Rules, 1980 as the petitioner had not been allotted any quarter in the State of Jharkhand, whereas the petitioner had retained the quarter at Bihar to which, he was paying rent and now penal rent has been fixed which would be paid by the petitioner as soon as the petitioner would be getting house rent allowance at Jharkhand. 3. Learned counsel further submits that earlier the matter had been represented before the Secretary, Department of Forest and Environment but no order was passed though the Under Secretary of the Department when dealt with the matter had observed that the petitioner under the Rule is entitled to have house rent allowance but now the petitioner is attached as Personal Assistant to the Minister, Rural Development Department. 4. Learned counsel appearing for the State of Bihar submits that the quarter which was allotted to the petitioner when he was posted in Bihar has still been retained though in the year 2005 itself the petitioner had been allotted State of Jharkhand and not only that the penal rent fixed is also being not paid by the petitioner. 5. In the circumstances, this writ petition is disposed of with a direction to the petitioner to file a representation before the Secretary, Rural Development Department, Jharkhand, who on receiving the representation will dispose of the matter relating to entitlement of the House Rent Allowance in terms of Rule 5(7) of the Bihar State Employees (House Rent Allowance) Rules, 1980 within a period of three months from the date of receipt production of such representation. 6. In the meantime, concerned respondent of the State of Bihar would be at liberty to realize the penal rent from the petitioner. 7. With the aforesaid observation/direction, this writ petition is disposed of.