IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3594 of 2009 BIMLA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2/ 06/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an woman employee in Water Resources Department. She was allotted Government quarters no. WIC-3 situated at Mithapur, when she was working under the Chief Engineer. She has now been transferred as Upper Division clerk in the Water Resources Department and transferred to Ekangarsarai. It is not in controversy that her place of posting remains within the same circle and she continues to function under the same Chief Engineer. The petitioner has been asked on 29.12.2008 to vacate her official quarter as it is proposed to be handed over to the B.D. Evening College. It only needs to be noted that reason for asking the petitioner to vacate is not that the quarter was allotted to another employee of the Department. Be that as it may, the petitioner on 30.1.2009 vide Annexure-4 represented giving full details of another quarter being vacant consequent to the retirement of another employee and requested that she may be allotted that quarter as otherwise as a woman she would be out in the street with her children. 2 Counter affidavit has been filed by the Respondents affirmed by the Executive Engineer. The counter affidavit is to say the least unfortunate. An issue is pending before this Court. A citizen is asking for relief. The official seems unconcerned, without even considering it necessary of his responsibility upon to assist the Court in adjudication. Dealing with the contention of the petitioner in paragraph 10 of the writ application vis-à- vis her representation dated 30.1.2009 referred to above, the answer is “that the averment made in paragraph 10 is wholly incorrect and denied”. This Court has no hesitation in holding that not only the pleadings are bald, it is wholly irresponsible. It is such action of the officials, which generates unnecessary litigation. The order dated 29.12.2008 and 23.1.2009 are, accordingly, set aside. Till such time that the Respondents do not provide alternative accommodation to the petitioner in accordance with the Rules, they are restrained from ousting her from the present quarter allotted to her. No sooner the petitioner is provided another accommodation, she shall be obliged to vacate the present accommodation. The writ application stands allowed. AKS/ ( Navin Sinha, J.)