Court No. - 33
Case :- WRIT - A No. - 14327 of 2020 Petitioner :- Ram Briksha Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 22.10.2020, whereby liability of penal rent has been imposed upon the petitioner for the period he has over stayed in the official premises even after he has been transferred to another district. This order is assailed primarily on the ground that the petitioner had occupied the house for compelling reasons including illness of his wife. It is submitted that the deduction from petitioner's salary towards HRA has otherwise been made and, therefore, there exists no reason to demand penal rent from the petitioner. It is also stated that the penal rent has otherwise been determined incorrectly and the same is in excess.
Learned Standing Counsel points out that a detailed circular has been issued by the department on 21.11.2019 specifying the procedure and the manner for calculating penal rent etc.
In the facts and circumstances of the present case, petitioner is permitted to approach respondent no.3 by way of a representation submitting relevant facts as have been highlighted before this Court, and his grievance would be got examined by the authority concerned in terms of the latest circular issued by the department for fixing rent within a period of three months from the date of presentation of certified copy of this order. In case such a representation in terms of above liberty is made within a period of one month from today, the authorities shall not proceed to recover any amount from the petitioner pursuant to the order dated 22.10.2020 till his claim is decided in terms of the above circular and in light of the observations made in this order. Liability of petitioner to pay rent shall be regulated by the fresh order to be passed in terms of the above observations.
Subject to the observations made above, writ petition stands disposed of.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 7.1.2021 n.u.