Therefore, Rule 43 b of the Bihar Pension Rules, 1950 is number applicable in the case.
Under Chapter III of Bihar Pension Rules, 1950, general provision relating to grant of pension has been laid down.
Aggrieved by the said order, the appellant filed an appeal by way of special leave petition in this Court.
While under Rule 43 b , the companypetent authority reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for specified period, future good companyduct is also implied as a companydition for every grant of pension under Rule 43 a of the Bihar Pension Rules, 1950.
Admittedly, the appellant, even thereafter, did number choose to vacate the quarter and filed a petition for extension of period.
He retired on 28.2.1998 from the post of Foreman, Grade I. The appellant after retirement did number choose to vacate the Boards quarter.
788 dated 15.6.2001, whereby the Joint Secretary, Bihar State Electricity Board, Patna passed an order directing permanent deduction of 5 from the total amount of pension payable to the appellant under the provisions of Rule 43 a of the Bihar Pension Rules, 1950 without taking into companysideration the fact that the appellant was permitted by the High Court to companytinue his stay in the quarter in question and vacate the same by 1.11.1999 and the appellant vacated the quarter on 1.11.1999 itself and informed the authorities of the Board in writing on 2.11.1999.
The appellant being number satisfied filed an L.P.A.No.
460 of 1999 R In the said L.P.A., the Division Bench of the High Court observed that if the appellant had number vacated the Boards quarter by 1.11.1999, the authority should have taken immediate steps for vacating the quarter, if necessary with the help of police.
Rule 43 a and b of the Bihar Pension Rules, 1950 are reproduced hereunder for the sake of companyvenience Rule 43 a Future good companyduct is an implied companydition of every grant of pension.
The Bench also observed that once the appellant has retired, he has numberright to remain in the quarter after the statutory period and therefore, there is numberquestion of extending the period.
Before proceeding to companysider the matter on merits, the facts can be stated briefly for the purpose of the present appeal.
2970 of the Joint Secretary companytained in Memo No.
95 of 1999.
However, as future good companyduct is an implied companydition for every grant of pension under Rule 43 a of the Bihar Pension Rules, 1950, the companypetent authority has a right to withhold or withdraw a pension or any part of it, if the pensioner is found guilty of serious and grave misconduct.
The appellant wrote a letter to the Executive Engineer, Transmission Division, Ranchi on 4.1.2000 requesting him to take charge of the articles belonging to the Board.
The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is companyvicted of serious crime or be guilty of grave misconduct.
On 22.6.2001, the Electrical Executive Engineer vide his letter No.365 dated 22.6.2001 informed the appellant about the Office Order No.
On such application filed by the appellant, the S.D.O. Sadar, Ranchi dropped the proceedings on 17.1.2000 and matter came to an end.
The impugned order dated 15th June, 2001, thus can be saved under the aforesaid Rule 43 a of the Bihar Pension Rules, 1950.
The main plea of the appellant before the High Court was that Rule 43 b of the Bihar Pension Rules, 1950 relates to misconduct companymitted during the service period and thus the respondents have numberjurisdiction to pass any order under Rule 43 b for retention of quarter after his retirement.
Even thereafter, the appellant being number satisfied moved L.P.A. No.
On 6.1.2000, the Board took the charge of the articles lying in the quarter and issued receipt for the same.
Admittedly, the appellant, after retirement, did number choose to vacate the Boards quarter.
The appellant submitted his representation to the General Manager for granting the benefit of fixation of new pay scale and also requested him to pay the pension after determining the quantum of pension which becomes payable after fixation of new pay scale applicable from 1.4.1997.
The appellants prayer for further extension of time was also rejected by the Division Bench.
The appellant informed the Court that he has already vacated the Boards quarter and information to this effect was already given to the Executive Engineer.
The Division Bench of the High Court vide impugned order dated 10.4.2003 dismissed the L.P.A. filed by the appellant holding as under Admittedly, after retirement, the appellant did number choose to vacate the quarter of the Electricity Board even inspite of repeated direction of this Court and, ultimately, it was got vacated through police force.
Taking humanitarian view, the High Court extended the period up to 1.11.1999 and directed the appellant to vacate the Boards quarter by 1.11.1999.
The learned single Judge by order dated 19.12.2002 dismissed the writ petition filed by the appellant holding as under It is true that the action as alleged against the petitioner does number relate to any misconduct while the petitioner was in service.
It is made clear that if the petitioner does number vacate the quarter by that date, the respondents are entitled to take, if necessary, the help of the police.
The High Court, taking humanitarian view, extended the period up to 1.11.1999 vide order dated 4.10.1999 and directed the appellant to vacate the Boards quarter by 1.11.1999 observing as under However, taking a humanitarian view of the matter, this Court, as a matter of last chance, extends the time.
The appellant submitted that the order under challenge is unreasonable, unwarranted, without jurisdiction and beyond the scope of Rule 43 a and b of the Bihar Pension Rules, 1950.
On 17.1.2000, the Executive Engineer, Electricity Board, Ranchi filed a petition for eviction of the appellant from quarter in question before the sub Divisional Officer, Sadar, Ranchi which was registered as Eviction Case No.
Under the order of this Court passed today, the petitioner is directed to vacate the quarter in question by 1st November, 1999.
1405 of 1998 R wherein the High Court by order dated 19.2.1999 directed the appellant to vacate the quarter within one month from the date of receipt of the retiral benefits.
The appellant even thereafter did number choose to vacate the quarter and filed a petition for extension of period.
Lakshmanan, J. Leave granted.
Mere citation of a wrong provision of law will number render the order illegal.
Even thereafter, the appellant having number vacated the quarter, the High Court vide order dated 31.8.1999, directed the appellant to vacate the Boards quarter by 30.9.1999 as per earlier order.
3159 of 2001 in the High Court of Jharkhand, Ranchi.
He initially moved before the High Court by filing a writ petition and the High Court vide order dated 19.2.1999 directed the appellant to vacate the Boards quarter within one month from the receipt of retiral benefits.
The appellant filed P. S No.
88 of 2003 dismissing the appeal filed by the appellant against the judgment and order dated 19.12.2002 passed by the learned single Judge in W.P. S No.
Thereafter, the appellant having number vacated the Boards quarter, the High Court vide order dated 31.8.1999 by which date all retiral benefits including gratuity stood paid, directed the appellant to vacate the Boards quarter by 30.9.1999 as per the earlier order.
Arising out of S.L.P. C No.
3159 of 2001.
15469 of 2003 Dr. AR.
Aggrieved thereby, the appellant filed L.P.A. No.88 of 2003 in the High Court of Jharkhand, Ranchi.
This appeal is directed against the final judgment and order dated 10.4.2003 passed by the High Court of Jharkhand, Ranchi in L.P.A. No.
The appellant is an ex employee of the respondent Board.
He initially moved before the High Court in C.W.J.C.No.
