# (2011) 2 ILRA 709 - **Citation:** (2011) 2 ILRA 709 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2011-05-03 - **Case number:** Civil Misc. Writ Petition No. 18681 of 1997 - **Bench:** Sibghat Ullah Khan - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/2011-2-ilra-709-41979 - **Pages:** 3 ## Headnote Constitution of India-Article 226-Penal Rent-petitioners being the legal heirs of deceased employee-challenged recovery of Rs. 118000/-towards penal rent-as their father who was allowed the quarter in question had already retired on 30.01.91 and died on 16.10.96-still petitioner have maintained their illegal possession-held-if accommodation vacated within two weeks-amount of damage be adjusted from amount of unpaid retiral dues-even the balance amount be recovered as arrear of land revenue. 710 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 Held: Para 5 Accordingly, petitioners are directed to vacate forthwith the quarter in question. In case within two weeks it is not done, S.S.P. Kanpur Nagar shall immediately get vacated the quarter in question and handover the same to the authorities of the Electricity Board (now Power Corporation) and send compliance report to this court within a month. Respondents are directed to adjust such penal rent as is permissible under the Rules from the unpaid retiral dues of late Sri Rajeshwar Nath and rest of the amount shall be recovered like arrears of land revenue from the substituted petitioners by the Collector, Kanpur on the application of respondents which may be filed in this regard. ## Text 2 All Smt. Asha Saxena V. U.P. S.E.B. Ex. Engineer, Electricity Kanpur(N) 709 getting invalidity pension is no ground to deny the protection, mandatorily made available to such employees under Section 47 of the Act, 1995. 33. The impugned order is founded on the premises that the disability suffered by the petitioner does not fall within the purview of disability as defined under the Act, 1995. 34. The observations that there is no alternative job in the Corporation is linked with the earlier part of its order i.e. the petitioner is not a disabled person within the meaning of "disability" as defined in Section 2(i) of the Act, 1995. There is no denying of the fact that the petitioner was offered alternative job by posting in the depot, which was accepted by him. He continued on the said post till he attained the age of superannuation. There is no suggestion in the counter affidavit that there was no job of greasing the buses in the depot. It follows that there was an alternative job for the petitioner which was offered and accepted by him. He continued on such post till he attained the age of superannuation. 35. Viewed as above, there is sufficient force in the writ petition. The writ petition, therefore, succeeds and is allowed. The impugned order dated 29.11.2003 is hereby, quashed. Resultantly, the petitioner is treated in service till the date of age of his superannuation. Learned counsel for the petitioner submitted that the retrenchment benefit and other consequential benefits which were given through the impugned order, subsequently adjusted in the salary of the petitioner. This fact can be verified from the record and no decision is required in the present writ petition. The respondents will pay the post retiral benefit as admissible to the petitioner treating him as a superannuated employee in accordance with the law preferably within a period of two months from the date of production of certified copy of this order. 36. The writ petition succeeds and is allowed with cost of Rs.5000/- payable by the respondents jointly to the petitioner. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 03.05.2011 BEFORE THE HON'BLE SIBGHAT ULLAH KHAN,J. Civil Misc. Writ Petition No. 18681 of 1997 Smt. Asha Saxena ...Petitioner Versus U.P. S.E.B. Ex. Engineer, Electricity Kanpur(N) ...Respondent Counsel for the Petitioner: Sri A.K. Srivastava Sri K.N. Yadav Counsel for the Respondent: Sri S.P. Mehrotra Sri Ranjeet Saxena Constitution of India-Article 226-Penal Rent-petitioners being the legal heirs of deceased employee-challenged recovery of Rs. 118000/-towards penal rent-as their father who was allowed the quarter in question had already retired on 30.01.91 and died on 16.10.96-still petitioner have maintained their illegal possession-held-if accommodation vacated within two weeks-amount of damage be adjusted from amount of unpaid retiral dues-even the balance amount be recovered as arrear of land revenue. 710 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 Held: Para 5 Accordingly, petitioners are directed to vacate forthwith the quarter in question. In case within two weeks it is not done, S.S.P. Kanpur Nagar shall immediately get vacated the quarter in question and handover the same to the authorities of the Electricity Board (now Power Corporation) and send compliance report to this court within a month. Respondents are directed to adjust such penal rent as is permissible under the Rules from the unpaid retiral dues of late Sri Rajeshwar Nath and rest of the amount shall be recovered like arrears of land revenue from the substituted petitioners by the Collector, Kanpur on the application of respondents which may be filed in this regard. (Delivered by Hon'ble S.U. Khan,J. ) 1. Heard learned counsel for the petitioner. At the time of argument, no one appeared on behalf of employer respondents U.P. State Electricity Board and its authorities. 2. Late Sri Rajeshwar Nath, the husband of the original petitioner Smt. Asha Saxena, who has also died and substituted by her legal representatives, was an employee of the respondents and by virtue of employment, he was provided a residential quarter by the employer at Kanpur number of which is 7/18, Type-II in Panki Power House Colony, Panki, Kanpur. Husband of the original petitioner did not vacate the allotted quarter even after his retirement on 31.01.1991, hence penal rent was charged and deducted from gratuity, pension etc. (Sri Rajeshwar Nath died on 16.10.1996) In Paras-14 & 20 of the writ petition, it is mentioned that a bill of about Rs.1,18,000/- was raised in respect of penal rent on 23.12.1991. The prayer in this writ petition is that penal rent bill dated 23.12.1991 may be set aside and order of labour court dated 26.11.1996 may be directed to be complied with by the respondents. 3. It appears that the legal representatives of the employee and the original petitioner (husband and wife) are still in the possession of quarter as is evident from their address given in the affidavit and substitution application filed on 10.08.2009. This is horrible state of affairs. 4. If official quarter is not vacated after retirement, penal rent may very well be charged. Retiral dues cannot be claimed unless official quarter is vacated. 5. Accordingly, petitioners are directed to vacate forthwith the quarter in question. In case within two weeks it is not done, S.S.P. Kanpur Nagar shall immediately get vacated the quarter in question and handover the same to the authorities of the Electricity Board (now Power Corporation) and send compliance report to this court within a month. Respondents are directed to adjust such penal rent as is permissible under the Rules from the unpaid retiral dues of late Sri Rajeshwar Nath and rest of the amount shall be recovered like arrears of land revenue from the substituted petitioners by the Collector, Kanpur on the application of respondents which may be filed in this regard. 6. Writ petition is accordingly disposed of. 7. Office is directed to supply a copy of this order free of cost to Sri S.P. Mishra, learned standing counsel for 2 All Mahraj Uddin and others V. State of U.P. and others 711 sending the same immediately to the S.S.P., Kanpur Nagar. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 26.05.2011 BEFORE THE HON'BLE ASHOK BHUSHAN,J. THE HON'BLE RAN VIJAI SINGH,J. Civil Misc. Writ Petition No. 26114 of 2011 Mahraj Uddin and others ...Petitioners Versus State of U.P. and others ...Respondents Counsel for the Petitioners: Sri S.N.Jaiswal Counsel for the Respondents: Sri S.P. Kesarwani(Addl. C.S.C.) Sri J.S. Upadhya (S.C.) C.S.C. Motor Vehicle Act, 1988-Section-68 (4) Authority granted permit to play three wheeler on specified root-with condition-to replace new model after expiry of 5 years-in case of default permit deemed to canceled automatically-challenged on basis of earlier judgment of this court as well as of tribunal-held-misconceived period of 20 years relates to Buses CNG and non CNG Vehicle and not for three wheelertill appropriate decision taken by tribunal regarding three wheelercondition of permit stand modified from 5 to 7 years-prayer to play the vehicle upto 20 years can not be extended. Held: Para 27 and 28 In view of the foregoing discussions and conclusions, we dispose of this writ petition with the following directions: 1. The S.T.A. is fully justified to put model condition regarding age of vehicles (including three wheeler). 2. The decision of the STA dated 23/2/2010, which is the basis for putting model condition in the petitioners permit that vehicles are to be changed after 5 years, having been setaside, the period of 5 years in the model condition in the permits of the petitioners shall stand substituted by the period of 7 years which was prevalent prior to 23/2/2010. 3. The model condition in the petitioners vehicles (which are three wheelers) shall be read to the effect that the petitioners have to change their vehicles after 7 years, failing which their permits shall be treated to be automatically cancelled. 4. That the above directions shall continue till the STA takes any other decision fixing any other age of vehicles (three wheelers) in accordance with law. The prayer of the petitioners that a direction be issued to the respondent no.2, Regional Transport Officer, Meerut to permit the petitioners to ply their three wheelers up to the age of 20 years, cannot be granted and is refused. (Delivered by Hon'ble Ashok Bhushan,J.) 1. Heard Shri S.N.Jaiswal, learned counsel for the petitioner and Shri S.P. Kesarwani, learned Additional Chief Standing Counsel for the respondents. 2. By this writ petition, petitioners have prayed for a writ of mandamus directing the respondent no.2, Regional Transport Officer, Meerut to permit the petitioners to ply their vehicles (Three Wheeler) upto the age of 20 years. Counter and rejoinder affidavit have been exchanged between the parties.