IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3136 of 2002 SARAMMA VERGHESE wife of Sri Thomas Verghese @ Raju Thomas Verghese at present resident of quarter in the campus of Magadh Medical College, P.S. Gaya Sadar, District- Gaya…. Petitioner. Versus 1. THE STATE OF BIHAR, through the Commissioner-cum- Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Government of Bihar, Patna. 2. Director in Chief, Health Services, Government of Bihar, Patna. 3. Principal, Anugrah Narayan Magadh Medical College, Gaya. 4. Superintendent, Anugrah Narain Magadh Medical College, and Hospital, Gaya. 5. Commissioner, Magadh Division, Gaya. 6. Metron, Magadh Medical College and Hospital, Gaya. .. Respondents. ----------- 15. 05.07.2010 No one appears for the petitioner. Counsel for the State is present. This Court by order dated 16.3.2010 as with regard to the prayer of the petitioner confined to cancellation of allotment of Government quarter in Magadh Medical College, Gaya had directed the State Counsel to file a supplementary counter affidavit. Despite repeated indulgence given by this Court, no such supplementary counter affidavit has been filed till date. From the reading of the writ application it appears that the petitioner is working in the Medical College prior to its being taken over and her case is that such quarter had already been allotted way back in the 2 year 1978 by the private management even before the medial college was taken over by the State in the year 1980. The petitioner however has also explained her stand in reply affidavit dated 24.2.2010 that she has no lust for the quarter in question and that she is prepared to vacate the quarter for which she would also require a very brief period upto 31.8.2012 when she would retire from service. Her statement in this regard in paragraph 9 of reply affidavit being relevant is quoted hereinbelow. “9. That in reply to the statement made in paragraph 11, 12, and 13 of the counter affidavit filed on behalf of the respondent no. 4. it is stated that the petitioner is ready to vacate the quarter in which she is residing since 1978 as she has no personal lust for the said quarter but at the same time since the petitioner is the resident of Kerala and now at the verge of her retirement w.e.f. 31.8.2012 so she must be allotted a quarter as per his seniority which has been illegally occupied by persons who have already been superannuated from service or persons who are much junior than the petitioner. It is pertinent to mention here that one quarter has been allotted to one Nirupa Mallik clerk who is much junior than the petitioner although she has her own flat in the Magadh Colony, about 200 meter away from the campus of the college.” As there is no denial to this aspect that the petitioner is one of the senior most person working in the 3 Medical College and thus entitled for consideration of grant of a quarter at least before her juniors are given such quarters. This Court would dispose of this writ petition with a direction to the respondents to ensure that the claim of the petitioner for allotment of a quarter to her would be considered by the competent authority within a period of three months from the date of receipt/production of a copy of this order. It is made clear that for the aforementioned period of three months, the petitioner will not be evicted from the quarter in question in which she has been residing for last 32 years also. At the same time it is also directed that if the petitioner ultimately fails to get a quarter allotted in her name in the aforesaid period of three months she would be bound to comply her undertaking given before this Court as recorded above. In other words, the petitioner must vacate the alleged quarter in hand immediately on expiry of the period of three months about which the respondents have also clearly asserted that in fact it is not a quarter but a portion of medical college building itself which has been unauthorizedly converted into a residential quarter 4 by the petitioner. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)