/ Ea 0 0 J9 C IN THE EIGH CGURT OF JUDICATURE AT BILAEPUR,E.G. WRIT PETITIDN ND 41p l 1 JEWE (?e£iticm mldaf am'cle 226f227 0f £115 Comtimtian 0f Iildia) PETITIGMER GD. Banei'jea, Sfo 1am RK. Emaijee, aged ahout 54 yaai's, retiiad Sr. Managei‘ (Mach; Caryarata Ivlai‘ketmg Dwaitmam Emmm Stgel Warks Cohs‘tmcimn Limited? Rm 2A-Kcgxs Bhilai Dim. Duig (CG) .y,‘; f? VERSUS Endugtan Stgel Workg Canstmction Limited, througl iis: Chairman Cum Managing Exam: A GQVL Camwny with 1't3gistgrad offim at 1 Shakeszgeare, Sammy {8m Haeié Kolkata (W33 {Emaral Mamgar Hjnmigtm Steelworks Conghuction Limited, valn'm — @0001, Dim. 13mg (CE) Astt. Manager (AdmiMstxaiion) Hindustani Steel Warks (Eanstnmticn Limited Ehjlai— 49mm, Dim. mrgicd.) WRIT PETITIQN UNDER. ARTRZ‘LE 2% AND 22"? OF TEIE CGNS’EITUTIQN (3F INDIA FOR ISSUANCE OF APFRQPRIATE WRIT3, ORDERS AND DIRECTIDNS ETC. by” XI—HC—ZZ '1; am ‘ w 1”a?$45 W wwm‘ 1 1.8.2003 Shri Vishnu Kostha, coun sel for the petitioner. Shri Vinod Deshmukh, coun561 for the respondents; Heard. Rejoinder is taken on recc'rd. f“ By this writ petition tiled under Article 226/227 of the Constitution of India petitioner prays \foié a direction commanding the respondents lthat till disbursement of the petitioners retiral dues, he be ailowed to retain the quarter as per the Agreement (Annexure Py4). " y Petitioner submits that lie sought for retirement under Scheme, which was granted. Accordingly, he retired from ‘erviee 011 31.3.2000. It is further submitted that Anne re P-4 is an agreement which was entered into regarding ret tion of quarter at Bhilai and he was permitted to occupy t e quarter for a period of two years i.e., 24.7.2000 to 2 7.2002 on certain terms enumerated therein. After expiry of the said period, respondents issued noticé dated 08.7.2002 (Ann re 13-5) informing him that the term would expire on 23.7.20 2 and he should vacate the quarterand in case of his ‘ure, action will be taken including eviction proceedings. ‘ Voluntary Retirement i I i I v 1 L\ XE—HCv22 \\ Respondents med the retihrn in which it has been stated that the contentions raised by the petitioner are not correct, the petitioner has suppressed he material factq‘i}; as much as Rs.18,55,259/— was alread paid to him Which was not disclosed in the writ petition. In para'S 2(a)“of the ret n/reply, it has been stated that the pet1t10ner s claim to tlie tune of Rs 4 36 729/ 1n the said para 1s 1n dispute and the said amount has not been pa1d to any of 1ts retlred officeirs or employees. Stand of the respondents is that no arrears ’ f pay revision, enhanced D.A. and other consequential dilTe 'ence arising out 01‘ the said enhanced DA can be made at it is snb-judiee and has not been paid to any employees till date. It is further contended at as per the agreement the house was given for a periol of two years and that has expired and therefore the‘petitibner is not entitled for grant of I relief. Having heard and c nsidering the facts and circumstances of the case, m terial on record and the tact that Rs 18 55 259/- has alre been paid and the Annexure \ P—4 regarding agreement for retention of quarter by whlch the x < y .YM / mg ‘ m a?! W 17 f“D°t WV was am m mmw $ m Maw . # l, This petition is med on t? e ground that the amount has not been disbursed. XI—Hci2 "av‘aa m ’ mar: 3%?21 under the Scheme and that iperiod has also expired on 23.7.02 and the same is require for other eniployees who are in waiting list, so far as the rete tion of quarter is concerned, no case for exercise of jurisdic on under A1‘tic1e’2gQ/227 of the Constitution of India is Ina out So far as the amount aile ed to be due 1s concerned 1t rehef the petitioner may avail re edy under Industrial Law or may tile suit, if so advised. ! With the direction afores ‘d this petition isdisposed of. Since it is rainy season, C unsel was asked if some time is required to vaCaLe the premi es on his furnishing an usual undertaking. Counsel submit. that he has no instructions from the petitioner in this reg d. petitioner WAS allowed to (wonky for a period of two years is specnically disputed by the rtpondents As such for that “‘7‘ \ /,,_ Sdl- Fakhruddin Judge we ate-2: L >