Back
VIKASH JAIN
SHYAM KISHORE PRASAD SHARMA – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT :
Vikash Jain, J.
1. Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The following reliefs as formulated by the petitioner have been claimed in the writ petition:
ii. For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent to issue o dues certificate in favour of the petitioner.
iii. For issuance of writ in the nature of mandamus or any other appropriate writ commanding the respondent to pay arrears of pension along with penal interest to the petitioner within a reasonable period.
iv. For issuance of writ in the nature of certiorari for quashing the letter dated 25.4.2017 issued by the Executive Engineer, Water Drainage Division, Samastipur by which penal rent in the tune of Rs. 1,53, 000/- (Rs. One lac fifty three thousand only) in proposed to be deducted from the pensionary benefit of petitioner.
v. For issuance of writ in the nature of mandamus for di
The necessity of issuing a notice before imposing penal rent upon government employees for occupying quarters post-allotment cancellation is affirmed.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
Writ jurisdiction can address contractual disputes involving the State if no serious factual disputes exist, ensuring the State honors its obligations.
The CPWD rates, as per the Manual on Infrastructure of CBDT, are merely advisory, but the Chief Commissioner of Income Tax, while fixing the fair rent for the premises lastly, had himself relied on t....
Damage rent for unauthorized retention post-retirement calculated under service rules (DGMS R.18, FR 45-A), separate from eviction under PPE Act.
The court ruled that administrative demands must align with prior approvals and cannot be unilaterally altered without justification.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
