High Court · 2009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:- 23-07-2009CORAM:THE HONOURABLE MR.JUSTICE R.SUDHAKARW.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789,8790, 12602, 12612, 14191, 13246 and 13247 of 2008M.P.No.1 of 2008 in W.P.Nos.12602 and 12612 of 2008M.P.No.2 of 2008 in W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008A.Dhanabal..Petitioner in WP.7314/08N.Jeevanantham..Petitioner in WP.7315/08Perumal..Petitioner in WP.7316/08Jamin mani..Petitioner in WP.7317/08R.Govindan..Petitioner in WP.7318/08E.Subramaniam..Petitioner in WP.7319/08T.Mohan..Petitioner in WP.7320/08S.Palanisamy..Petitioner in WP.8426/08A.Loganathan..Petitioner in WP.9423/08K.Varatharajan..Petitioner in WP.9424/08K.Subramanian..Petitioner in WP.9425/08Chinnadurai..Petitioner in WP.8275/08Arjunan..Petitioner in WP.8276/08M.Mahendran..Petitioner in WP.8277/08K.Duraisamy..Petitioner in WP.8278/08Sampath..Petitioner in WP.8789/08A.Palanisamy..Petitioner in WP.8790/08Sundaram..Petitioner in WP.12602/08B.Mohan..Petitioner in WP.12612/08K.Jeyaraman..Petitioner in WP.14191/08S.Natarajan..Petitioner in WP.13246/08Thangavel..Petitioner in WP.13247/08VersusThe Superintendent of Police,Namakkal District... Respondent in all WPs.Writ Petition Nos.7314 of 2008 etc., are filed under Article226 of the Constitution of India for the relief of issuance of writof certiorarified Mandamus, to call for the records relating to theimpugned order passed by the Respondent vide his office proceedingsNo.739/2007 (WP.7314 to 7320, 8426, 8275 to 8278, 8789, 8790, 12602,12612, 14191), 740 (WP.9423 to 9425, 13246/08), 720 (WP.13247/08) in https://hcservices.ecourts.gov.in/hcservices/ Na.Ka.No.P6/2108/2006 dated 28.12.2007 (WP.7314 to 7320, 8426, 9423to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246/08),07.12.07 (WP.13247/08) and quash the same as far as the petitioner isconcerned and consequently direct the respondent to repay the amountwhich was deducted from petitioner's salary in the month of Januaryand February 2008 (WP.7314 to 7320, 9424, 8276/08) January 2008(WP.12602, 12612, 14191, 13246, 13247/08) January to March 2008(WP.8426, 9423, 9425, 8275, 8277, 8278, 8789 & 8790/08) For Petitioner :Mr.I.C.Vasudevan in all WPs. For Respondent :Mr.T.Seenivasan Additional Government Pleaderin all WPs.C O M M O N O R D E RThe Writ Petition No.7314 of 2008 is filed praying to issue awrit of certiorarified Mandamus, to call for the records relating tothe impugned order passed by the Respondent vide his officeproceedings No.739/2007 in Na.Ka.No.P6/2108/2006 dated 28.12.2007 andquash the same as far as the petitioner is concerned and consequentlydirect the respondent to repay the amount which was deducted frompetitioner's salary in the month of January and February 2008. Thepetitioners in these cases are aggrieved by the order demanding penalrent for occupying the quarters after transfer.2. All the above Writ Petitions have been filed by policepersonnel serving in the District of Namakkal seeking same reliefagainst similar orders issued on different dates and therefore, aretaken together and disposed of by this common order.3. As stated in the affidavit by each one of the petitioners,they have been allotted Government Quarters consequent to theirposting and service in the Namakkal District. The petitioners whileserving within the Namakkal District were visited with ordersdemanding Penal Rent in terms of G.O.Ms.No.568 Home (Police X)Department dated 31.05.2000. In the impugned order it has beenstated that the Field Workers of the Police Department working inNamakkal District even after being transferred to other policestations are continuing to occupy the Government Quarters andtherefore, they have to suffer Penal Rent as per the aforesaidG.O.Ms.No.568 dated 31.05.2000. Aggrieved thereby, the present WritPetitions are filed. 4. The primary contention on behalf of the petitioners is thatso long as a petitioners are transferred within the same district andserving in other stations within 30 kms from the place of earlierposting, they will be entitled to occupy the Government Quartersalready occupied by them. In all these cases, it is claimed that the https://hcservices.ecourts.gov.in/hcservices/ petitioners in each one of the cases are serving within 30 kms fromthe place of previous posting except for a brief period. Therefore,they claim that they are entitled to occupy the Government Quartersin accordance with the G.O.Ms.No.375 dated 06.09.2000. In theimpugned order certain dates are referred to in the Annexure, whichis referable to overstay. It is not clear as to how each one of thepetitioner has violated the G.O.Ms.No.375 dated 6.9.2000 whereby thepenal rent in terms of G.O.Ms.No.568 dated 31.5.2000 is demanded.5. In the present cases the impugned order refers toG.O.Ms.No.568 dated 31.05.2000.In the order, there is no specificdetail that the petitioner has been transferred and posted beyond 30kms from the place of previous service. The G.O.Ms.No.568 dated31.05.2000 was called for by the Additional Government Pleader,Mr.T.Seenivasan and produced before this Court and on going throughthe Government Order, it refers to G.O.Ms.No.950 dated 29.06.1993whereby the Government has prescribed certain rates for recovery ofPenal Rent from persons who overstay in the Government Quarters.The penal rent leviable is modified in the G.O.Ms.No.568 dated31.05.2000.6. In order to attract G.O.Ms.No.950 dated 29.06.1993 as amendedby G.O.Ms.No.568 dated 31.05.2000, the petitioner should haveoverstayed in the Government Quarters. The impugned order is vagueand bereft of details on this issue. The order is a non-speakingorder and without proper details to show that the petitioner in eachof the cases has overstayed. No material is placed before this Courtto state that the petitioner/employee has to stay in the Quartersonly for a specified period. It is not disputed that theG.O.Ms.No.375 dated 06.09.2000 is applicable to the case of thepetitioners so long as the petitioners serve in the same districtand within 30 Kms distance specified therein. In such an event, thebenefit of the G.O.Ms.No.375 will enure to the petitioners. In theabsence of specific ground or charge in the impugned order that thepetitioners have overstayed, the demand for penal rent cannot besustained. 7. By a general Omni Bus order issued to all the petitionersby changing of date alone, the respondents cannot demand penal rentby invoking G.O.Ms.No.950 dated 29.06.1993 as amended byG.O.Ms.No.568 dated 31.05.2000. There should be details supportedby reasons in each proceedings before penal rent is demanded and anorder is issued for recovery. In these cases there is some materialto suggest that petitioners overstayed during certain period, but thesame is vague and not properly set out. The details have to be speltout clearly. Further, the implication of G.O.Ms.No.375 dated6.9.2000 has not been considered. Hence, the entire issue requiresreconsideration on merits as there is no proper application of mindbefore passing the order of recovery. https://hcservices.ecourts.gov.in/hcservices/

8. In view of the above, the demand for Penal Rent cannot besustained as it is bereft of appropriate details and reasons. It hasbeen issued without taking into consideration the benefit given tothe petitioner in G.O.Ms.No.375 dated 06.09.2000. Hence the impugnedorder demanding Penal Rent has to be set aside and is accordingly setaside. 9. The respondent department has to however, consider each caseindependently, and issue fresh order on merits with reason for demandof penal rent. The writ petitions are ordered as above.Consequently, connected miscellaneous petitions are closed. No Costs.Sd/Asst.Registrar/true copy/Sub Asst.Registrarars/gv/tsToThe Superintendent of Police,Namakkal District.1 cc To The Government Pleader, SR.34259.W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 M.P.Nos. 1 of 2008 in W.P.Nos.12602 and 12612 of 2008 M.P.Nos.2 of 2008 in W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 CK(CO)RVL 25.08.2009