IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14846 of 2005 BIBHASH CHANDRA GHOSH Versus THE STATE OF BIHAR & ORS ----------- 2 17.9.2010 Heard learned counsel for the parties. Petitioner is a peon who is working in the Women’s primary Teacher’s Education College at Begusarai. Since the petitioner had not been provided any official accommodation on due deliberation, keeping the exigency of service and safety of the premises he was allowed to occupy some rooms available on the campus of the College itself, by the erstwhile principal. But when the Incharge principal took over she passed an order dated 16.9.2004 stating therein that since the petitioner is in occupation of two rooms, therefore the house rent allowance given to him should be deducted and the deduction at the rate of Rs. 254/- per month thereafter started. It is in this background the petitioner has approached the High Court by way of this writ application seeking quashing of annexure-3. It may be recorded that no counter affidavit has been filed on behalf of the respondents in the last five years. Therefore, their stand has not been made known to the Court. It however transpire that there are certain guidelines which have been issued by the Building Construction Department, Government of Bihar, in the matter of fixation of house rent allowance etc. All these aspects were not looked into and considered by the Incharge principal of the college. It is also the - 2 - case of the petitioner that occupation of the room is not an official allotment of government accommodation which will disentitle the petitioner from the benefit of house rent allowance. Be that as it may annexure-3 is quashed. This writ application is allowed. Any amount deducted in pursuant to annexure-3, will now be refunded to the petitioner. RPS (Ajay Kumar Tripathi,J.)