IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1409 of 2004 BIHAR RAJYA CHATURRTHVARGIYA KARAMCHARI SANGIH & ANR. Versus THE STATE OF BIHAR & ORS ----------- 10. 3.11.2009 The petitioners have approached this Court claiming violation of the order dated 10.11.1999 passed in C.W.J.C. No.8581 of 1997. By the aforesaid order, this Court had disposed of the writ application with a direction to the respondents to complete the construction of nine quarters, which had been declared condemned or to make allotment of other quarters, if available and further directed that attempt should also be made to construct more quarters for allotment to Class IV employees. The employees in question are Class IV employees working in the office of the Advocate- General, Bihar, who are allotted quarters in the pool of quarters of Class IV employees of the Law Department. In the supplementary show cause filed on behalf of the Commissioner-cum- Secretary, Building Construction and Housing Department, it was stated that temporary structures have been constructed for such employees pursuant to the orders of this Court. However, on inspection - 2 - of the said quarters by A.A.G.10, the same was not found fit for habitation with family and children, as there was no sufficient space to live with the family. It is stated in the third supplementary show cause that the Government is in the process of framing a Master Plan for construction of another residential complex for Class IV employees including the Class-IV employees of the Advocate- General Office of the Law Department. It was further stated that the approval of the Master Plan for the same was expected within four to six months and within a further period of two years, the construction was expected to be completed. It is also the stand of the Government that so far as the temporary buildings/quarters made after demolishing the earlier condemned quarters are concerned, spending any further money upon them would be wasteful and futile as they were likely to be demolished keeping in view the Draft Master Plan. It is further averred that if any of the Administrative Department surrenders the quarters, which are at their disposal, then the Department would transfer additional quarters from the Departmental pool for allotment to the - 3 - petitioners. Learned counsel for the petitioners submits that considering the conditions of the temporary buildings/quarters, the petitioners are not ready to move into the same along with their family. However, if any of the Administrative Department surrenders the quarters then the same may be allotted to them which they will willingly accept. In the above circumstances, the contempt application is disposed of with a direction to the opposite party Commissioner-cum-Secretary, Building Construction and Housing Department and the Secretary, Law Department to ensure that once the new multi storeyed apartments are constructed then the Class IV employees of the Advocate- General Office under the Law Department, including the petitioners, shall have the right to first allotment over nine quarters with respect to Class IV employees and only thereafter other allotment for Class IV employees shall be made. However, it is made clear that in view of the availability of more quarters, if the Class IV employees of the Advocate- General - 4 - Office would become entitled for allotment of more quarters, then their claim should not be kept confined only to nine quarters in view of the present order. VPS ( Ramesh Kumar Datta, J. )