Court No. - 6
Case :- WRIT - A No. - 8360 of 2021 Petitioner :- Khushiram Rana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
Counsel for the petitioner argues that in term of the departmental circulations issued on 26.3.1996 and 28.1.1998, there was an issue as to whether upon transfer of police personal within the range, the employee is entitled to retain official premises, although he stands transferred to a different district. The issue noticed was examined in a series of writ petition, which ultimately came to be disposed off on 28.9.2016 in Writ Petition No.35330 of 2016 as well as in Writ Petition No.35341 of 2016. The controversy has been examined by the State Government and a Government Order has been issued on 16.1.2017, and it is clarified that the Headquarter means Headquarter of the district and not the range.
He argues that the order has been issued against the petitioner for payment of Rs. 8,39,320/- is factually incorrect in terms of the Government Order dated 16.1.2017. He argues that as no opportunity was granted, as such, the petitioner could not have any opportunity to point out the discrepancy in calculation of the amount as indicated in the impugned order dated 14.12.2019.
Considering the above, this writ petition stands disposed off permitting the petitioner to approach respondent no. 4 alongwith a copy of this order within two weeks from today. It shall be open for the petitioner to point out the factual error in computation of the amount of rent payable by the petitioner. The concerned authority shall pass a fresh order quantifying the liability of petitioner to pay rent by charging standard rate from the petitioner till 16.1.2017 and thereafter, penal rent also in terms of the Government Order of 1992 or any other subsequent order, which may have been passed.
The petitioner shall pay the amount after exercise of computation as indicated above with a direction to pay the same within a period of three months before the Respondent No. 3.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 30.7.2021 vinay