Lpa No. 1297 of 2013 (O and M) Vs. Sheo Kumar Saha ........Appellant - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128043
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantLpa No. 1297 of 2013 (O and M)
RespondentSheo Kumar Saha ........Appellant
Excerpt:
lpa no.1297 of 2013 (o & m) -1- in the high court of punjab and haryana at chandigarh ***** lpa no.1297 of 2013 (o & m) date of decision : 11.2.2014 sheo kumar saha ........appellant versus state of haryana and others ......respondents coram: hon'ble mr.justice jasbir singh hon'ble mr.justice harinder singh sidhu present:- sheo kumar saha-appellant in person mr.s.s.pattar, sr.dag, haryana --- jasbir singh, j. (oral) the appellant was working as senior lecturer in the subject of pharmacy at government polytechnic, mandi adampur, district hisar. he was transferred to adampur from government polytechnic, education society, uttawar (hathin).district mewat on 2.8.2010. he has retired from service on 31.1.2014. it was an allegation against him that he had retained a house, allotted to him at uttawar, after his transfer and on account of that penal rent, amounting to `14,55,202/-was imposed upon him. however, subsequently, on taking a sympathetic view, the above amount was reduced to ` 2,82,100/-. by now, the authorities had already deducted an amount of ` 2,30,377/-. it is stated by the appellant at bar that he has no objection to the recovery of ` 2,82,100/-as ordered. however, let the authorities shall kumar ashwani 2014.02.19 16:55 i attest to the accuracy and integrity of this document lpa no.1297 of 2013 (o & m) -2- pay him house rent allowance, from the date he was transferred to adampur, till the date of his retirement. mr.s.s.pattar, sr.dag, haryana, by making reference to the written statement, very fairly states that after his transfer to adampur, the appellant had not claimed house rent allowance. if that is so, the appellant is entitled to get the house rent allowance. the said amount be calculated. the balance of the penal rent of ` 2,82,100/-that is payable by the appellant, be deducted therefrom. if, after such deduction, some amount is still payable by the appellant, it shall be recovered from the appellant. if not, the remaining amount be paid to the appellant. after making all the adjustments, pensionary benefits shall be released to the appellant within two months from today, failing which he shall be entitled to get simple interest @ 8% p.a.accordingly, this appeal is disposed of. (jasbir singh) judge (harinder singh sidhu) judge 11.2.2014 ashwani kumar ashwani 2014.02.19 16:55 i attest to the accuracy and integrity of this document
Judgment:

LPA No.1297 of 2013 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** LPA No.1297 of 2013 (O & M) Date of decision : 11.2.2014 Sheo Kumar Saha ........Appellant versus State of Haryana and others ......Respondents CORAM: Hon'ble Mr.Justice Jasbir Singh Hon'ble Mr.Justice Harinder Singh Sidhu Present:- Sheo Kumar Saha-Appellant in person Mr.S.S.Pattar, Sr.DAG, Haryana --- Jasbir Singh, J.

(Oral) The appellant was working as Senior Lecturer in the subject of Pharmacy at Government Polytechnic, Mandi Adampur, District Hisar.

He was transferred to Adampur from Government Polytechnic, Education Society, Uttawar (Hathin).District Mewat on 2.8.2010.

He has retired from service on 31.1.2014.

It was an allegation against him that he had retained a house, allotted to him at Uttawar, after his transfer and on account of that penal rent, amounting to `14,55,202/-was imposed upon him.

However, subsequently, on taking a sympathetic view, the above amount was reduced to ` 2,82,100/-.

By now, the Authorities had already deducted an amount of ` 2,30,377/-.

It is stated by the appellant at bar that he has no objection to the recovery of ` 2,82,100/-as ordered.

However, let the Authorities shall Kumar Ashwani 2014.02.19 16:55 I attest to the accuracy and integrity of this document LPA No.1297 of 2013 (O & M) -2- pay him house rent allowance, from the date he was transferred to Adampur, till the date of his retirement.

Mr.S.S.Pattar, Sr.DAG, Haryana, by making reference to the written statement, very fairly states that after his transfer to Adampur, the appellant had not claimed house rent allowance.

If that is so, the appellant is entitled to get the house rent allowance.

The said amount be calculated.

The balance of the penal rent of ` 2,82,100/-that is payable by the appellant, be deducted therefrom.

If, after such deduction, some amount is still payable by the appellant, it shall be recovered from the appellant.

If not, the remaining amount be paid to the appellant.

After making all the adjustments, pensionary benefits shall be released to the appellant within two months from today, failing which he shall be entitled to get simple interest @ 8% P.A.Accordingly, this appeal is disposed of.

(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge 11.2.2014 Ashwani Kumar Ashwani 2014.02.19 16:55 I attest to the accuracy and integrity of this document