Smt v. Uma Devi, Wo Durga Prasad Aged about 54 years, Occ- Post Graduate Teacher, Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to iqsue an apprlopriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to refund the amount collected from the petitioner for non occupation of staff quarter i e from March,2018 to December,2018 and further May. ?019 to August,2019 tor fourteen 14 months comes to Rs 98,284l and from September, 20't9 to March, 2021 tqr 18 months at Rs 8,581/ per month comes to Rs 1,54,458/ total Rs 2,52,7421 to the petitioner which was wrongly and excessively deducted from the petitiongr salary though the staff quarter not allocated to the petitioner or petitioner occupied ihe quarter during the said period in the interest of iustice Prayer is amended as per C.O dt.2810712023 in lA 01/2023 l i, lA NO: 1 OF 20191 Petition uncer section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court nray be pleased to direct the responcients to refund Rs. gg,2g4l deducted from the pLtitioner,s salary for 14 months by stopping the deduction of the rents from the petitioner from the month of September, 2019 pending disposal of the main Writ pet tion lA NO: 1 OF 2021 Between: The Tglangana Social welfare, Residential Educational lnstitutions societu Rep.by its Secretary, Telugu Sankshema Bhavan, Mrr"O frni, HvOJra-Oa-d]'' AND .....PETITIONERyRESPONDENT No. 2 tN W.p, 1 . qmt.. V. Umzr Devi, Wo Durga prasad Aged about 54 years, Occ_ post Graduate Teacher, Terangani sociar wdrfare nbiioentii.-bI'no-oii.r,,;-;"' College, Atair yadadri-Bho-ngir District (Otd Natonsl-oiatl0 nl" H.rri""ijUl traoangper. shrrdrsainagar., Bjflanagar pross Roa-ds, Ranga Reddv Districi. [[e1a^ba.o ,rnd C/o cu]lura Ralesriqr Sri Sai wiiei Cta-ni-Sii[;;6"r'ti#i RPRP Schoot Atair. yad6dri-Bhongir Disirict (Otd Nalonga districi) ...RFSPONDENT/PETITIgNER IN W.P, 2. The State of Telanoana,..BeOO,.y its principat Secretary Sqcial Welfare Pepartment, Secretaiiat OuitAirfgJfi vO-eraU"Ol'--' 3 The Executive Fnoineer. -TSEWiDC, Nalgonda, Samskemabhayan, . Miryatag. uda Road, Nitgondi, Nr[qondi6i.tr.iii]''Y' 4. Ihe Collector and Distiiii Mqgistiate, Bhongir, yq(adri_Bhonqir District (Olfl 5. The Principal, Tetanqana. ggqlql Wgtfare Residentiat SchootlJunior Coilpgg, Nalonga district) Alair. Yadad ri-Bhon!i-r District tOrO Naton-ga diiiniii' ...RESpONDENTIRESpONDENTS Nos_ 1,3,4&S in W.p. -f etition und€,r Section 1S1 Cpe praying thal in the cirQumstances stated in the affidavit fited in support.gl_t!e petitioh, ine Hign.Qourt.may Oe pfeii.Jfo vacate the interim order diated Z2t03li02 j in W p Noll gfg) of 2ois' Counsql for the Petitioner: SRl. M. KRUPAKAR Counsel for the Respondent Nos. 1,3,4&S: Ci fOn SERVICES ll/ cou nset for the Respondent N..2, sRiSF[iXASocIALJVELFARE I he Court made the following: ORDER 1, HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA $IRIT PETITION No.1928O of 2OL9 ORDER: This writ petition is filed seeking the following relief: ' "to issue an appropriate Wnt, Order or direction more particalarly one in the nahtre of Writ of Mandamus direction respondents to refund tLrc omount collected from the petitioner for non ocanpation of staff quarter i.e., from Marc\ 2O18 to December, 2018 ond lurther Mag, 2O19 to August, 2O19 for fourteen 14 months comes to Rs.98,284/ - and from September, 2O19 to March" 2021 for 18 montts at Rs.8,581/- per month comes to Rs.1,54,458/- total Rs.2,52,742/ - to the petitioner u-thich u-tas uronglg and excessiuelg deducted from the petitioner salary though the staff quarter not allocated to the petitioner or petitioner occupied the quarter duing the said period-"

2. The case of the petitioner is that she is working as Post Graduate Teacher (PGT) in Telangana Social Welfare Residential School/Junior College, Alair, Yadadri Bhongir District. Initially she was appointed as Trained Graduate Teacher (TGT) on 09 -O9 '1992 and promoted as PGT on 06.1 1.1997 and the service conditions are governed under Telangana Social Welfare Residential Educationa,l Institutions Society (registered), Hyderabad by-laws 20 14 ' Further, on her request and on the basis of roster, staff quarter is allotted to her in the month of September, 2O 15. Later she vacated the staff quarters on 01. 12.201,8, due to various reasons. while allotting the quarters, the 3'a respondent issued a letter dated 13'O3'2O14 ! 2 pertaining to rental valuation certificate. As per the si:Lid letter, staff quarter total Carpet area of the Building 662.30 St . ald IOo/o of Carpet area 66.23 Sft. Net usable arca 729.53 Sft. ll'he maximum rent (728.53 r: 3.O0/Sft.= Rs.2185.00/- per month w.e.f. Ol.O2.2Ol4. and these orders are issued as per G.O.Ms.N.c.63 Finance (EXPR.P.W.) department dated 18.04.2011. ald the same rent is for February 2Oli3

3. Further, case of the petitioner is that without intimation or orders of the higher authorities, the rent has been e:nhar-rced from Rs.2,185/- to Rs.8,581/- per month, contrary to the instructions. The total excess rent deducted from March, 20 18 to December, 2018 is Rs.63,960/ izrl Rs.6,396 / - per month. She made a representation on 03. 1 1.20lti and O4.O7.2O 19 to the 5th respondent requesting to refund the exr:ess deduction of Rs.63,960 l- for 10 m<_rnths but the Sth respondenr, has not taken any action. Though petitioner vacated the staff quarters in the month of December,2O 18, respondent authorities are deducting the rents. In those circumstances, petitioner filed the present writ petition. This Clourt passed interim order dated 22 .O3.2O2I directing the respondents not to deduct quarter rent from the petitioner as the petitioner vacated the I quarter. As the interim order has not been complied with, the petitioner filed C.C.No.852 of 2021. The said Contempt Case was closed uide order dated 01.lO.2O2l recording that the 5th respondent complied with the orders of this Court by duly paying four months rent (i.e., from March , 2O2l to June, 2o2ll and thereafter the deduction of rent from petitioner's salar5r was stopped as per interim orders of this Court. However the petitioner states that respondent No.5 has not refunded the amount (totaling to Rs.2,52,742/-l deducted towards rent from September 2OL9 to February 2O2L for 18 months @ Rs.8,581/- per month (totalling to Rs. 1,54,458/ ) along with excess amount Rs.98,28a/- collected from petitioner from March, 2018 to December 2Ol8 and from May 2019 to August 2O19 and prays this Court to direct the respondents to refund the aforesaid amount. Hence, the Writ Petition. 4 Learned counsel for the petitioner prays this Court to direct the respondents to refund the amount collected from the petitioner for non occupation of staff quarters i.e., from March, 2018 to December, 2018 and further May,2Ol9 to August, 2OI9 for fourteen 14 months, which comes to Rs.98,284 /-, and from September, 2079 4 to March, 2O2Ll for 18 months @ Rs.8,581/- per nronth, which comes to Rs.1,54,458/-, to the petitioner which was wrongly and excessively dec.ucted from the petitioner's salary.

5. Learned Government Pleader for Services-Il basing on the counter affidavit filed by the 2"d respondent submits that petitioner posted to TSWR School/College, Alair on 26.08.2075. Since she is a Post Grade Tezrcher (Physical science) she is eligible for allotment of staff quarters as per the roster and accordingly she has been provided the quarter and she occupied staff quarters in the month of September,20 15 itself. He further submits that certain repair works have been takern up in the quarters during the period from 72/2018 to 05 l2Ol9 , bv vacating the staff including the pr.:titioner. On completion of repairs, the residential quarters were re-allotted to the staff, including the petitioner as per the roster prescribed. GO.Ms.No.63, Finance. (EXPR.P.W.) deparl.ment dated

18.04.2011 hzrve issued for fixation/revision ol ratet; of rent for private buildings taken on lease by the Govemment :lepartments, and the provis::ons of the said G.O. are not applicable to the case of petitioner as t he petitioner was accommodated in a Government r 5 building. He states that as per the request made by the staff' including the petitioner, for the purpose of repair works' the sta-ff including the petitioner vacated the quarters on Ol '12'20 18 and recoveryofHRAhasbeenstoppedw.e.f.01.12.2018to30.o4.2019, and after completion of repairs, all the staff members including the petitioner have been re-allocated the quarters as per roster prescribed for allotment of quarters ald recovery of HRA is being made as per Rules, and the petitioner has not been permitted to vacate the staff quarters as it is mandatory for the teaching staff to stay within the premises as the institution run on residential pattern. HRA is being recovered from the petitioner as per Rules and no excess recovery has been made as stated by the petitioner and prays this Court to dismiss the writ petition' Having considered respective submissions and perusing the 6. record, it may be noted that the staff quarters were under repair during the period from I2l2Ol8 to 05/2019' and admittedly the staff have been asked to vacate the quarters to enable the repairs' Furthermore, though it may be a requirement for teaching faculty to stay in the institution premises, it cannot be implied that even if the staff does not occupy the quarters, they would still be made liable to t I . .*-: l 6 pay rents. T'herefore, the action of the responden t_authority in deducting HFIA towards rents, for the period she hasr not occupied Government erccommodation cannot be justified. In that view of the matter, this Oourt fin ds reason in the prayer of the petitioner for refund of amc,unts unduly deducted towards rent for rhe period for which she has not occupied the quarters. The petitionr:r alleges that she is entitled ro refund of amount deducted towards rent from March, 2O18 to December 2olg, May, 2Ol9 to August, 2Ol9 and September, 2O1-9 to February, 2Cl21. The period/duration of non_ occupation of cluarters and the amounts deducted being a matter of record, this Court deems it appropriate to direct the respondent- authority to e>lamine the claim of the petitioner and refund the amounts in accordance u.ith law within a period of four weeks from the date of receipt of a copy o[ this order. 7 Accord ingly, the writ petition 1S d isposed of. No costs. Miscellaneous applications, pending if any, sha stand clr:rsed. SD/-A.V.S. P ASqS\ANT REGI RASAD STRAR -1 //TRUE COPYII To, !, sEcTIoN oFFtcER ; ii:,il+:{lij::.,":, Sociar werrare Departmenr, secrs1s1ls1 buirdinss r ;rti#fiit,$ffiflilr*;::jHy*tti ':'- --*. -::<---=- - Y 5 The Pfncipal _Telangqlq SSqigl Wp[afg Regidential School/Junior College, Alair, Yadadri-Bhongir District (Qld Nalonga digtricQ 6 Qne CC to SRI M.'KRUPAK R Advocale IOPUCI z Iyg C9$ t,o.-ql5qR SERVICES ll ,High coqrt f<ir lhe State qf Telansana at I Qne CC to SBl. BHUPAL REDQy, Advgqate toPt-lpl 9. Two CCs to GP FOR SOqIAL WELFARE, High Court for the State of Hyderqbad [QUT] Telangana, at Hyderabafl [OUT]

10. Two CO Copies BM BS & t ., l*li*:eil;' 4 a I ( c o rrE 5T:t 16: il2 l'lAh 2025 ,Ai I .SNA rr'q(-C HIGH COURT DATED:0910112025 \ ORDER WP.No.19280 ot 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS &r{r-'9 *{.