Court No. - 39
Case :- WRIT - A No. - 17469 of 2018 Petitioner :- Prem Chandra Patel Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Santosh Kumar Singh Paliwal, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 18 June 2018 whereby arrears of rent including penal rent etc. amounting to Rs.70,164/- is sought to be recovered from him.
According to the petitioner, he is a Senior Prosecution Officer and when he was posted at Kanpur Nagar, he was residing in government quarter No. C-14, Officers' Colony, Circuit House, Kanpur Nagar. He was, thereafter, transferred and relieved from Kanpur Nagar to join at Lucknow on 31 July 2017 where he joined on 1 August 2017. It is stated that after the passing of the impugned order on 18 June 2018, the petitioner moved an application through registered post on 23 July 2018 to the District Magistrate, Kanpur Nagar informing him that he had vacated the quarter in question on 7 July 2018.
The contention of the petitioner is that his total penal rent for the government quarter from 1 August 2017 to 31 May 2018 should be Rs.20,040/- and not Rs.70,164/-. He has relied on the Government Order dated 2 January 1992 which has been enclosed as Annexure No.6 to the writ petition.
Para 2 of the said Government Order clearly mentions that a government servant, upon his transfer, may retain the official quarter for a period of one month at normal rent and thereafter for the next two months at normal rent subject to the special permission of the State Government; at twice the normal rent for a further period of two months and thereafter for the next two months at thrice the normal rent upto a maximum of seven months. The relevant extract of the Government Order dated 2 January 1992 reads as under :-
".........
1. ......
2. रराजककीय करर्मी कके स्थरानरानांतरण ककी दशरा रम करायरभरार छछोड़नके ककी ततथथ सके एक रराह तक करा तकररायरा सराररान्य दर सके थलियरा जरायकेगरा । एक ररास ककी अवथधि कके उपररानांत दछो रराह तक ककी अवथधि कके थलिए रराज्य सरकरार ककी तवशकेष अननुजरा सके तकररायरा सराररान्य दर पर थलियरा जरा सकतरा हहै । तकन्तनु प्रततबन्धि यह हछोगरा ककी सम्बनन्धित अध्यराससी एक रराह करा सराररान्य अध्यरासन करा आवकेदन पत्र दकेगरा तत्पश्चरात अगलिके दछो ररास कके थलिए सराररान्य तकररायके कके दछो गनुनरा दर पर अननुवतर्मी अगलिके 2 ररास कके थलिए सराररान्य तकररायके कके तसीन गनुनरा कर थलिए जरायकेगरा । 7 ररास ककी उक्त अवश्य कके पश्चरात भवन अतनवरायरततः ररक्त कर तदयरा जरायकेगरा ।
3. ......
4 "
In the present case, admittedly nothing has been shown to the Court as to whether the petitioner had submitted any such application seeking retention of the government quarter in dispute beyond the period of one month for the two months at twice the normal rent and thereafter for the next two months at thrice the normal rent. Admitted position is that he had vacated the government quarter only on 7 July 2018 that too after receiving the impugned order on 18 June 2018.
For reasons aforesaid, we do not find any illegality or infirmity in the impugned order. The writ petition lacks merit and is, accordingly, dismissed.
However, if the petitioner has any dispute with regard to the actual calculation of rent/penal rent, he may represent to the Authority and if such a representation is filed by the petitioner along with a certified copy of this order within fifteen days from today, the respondent no.2-District Magistrate, Kanpur Nagar shall consider the same and pass an appropriate order in accordance with law within a further period of two months.
Order Date :- 18.8.2018 SK