Siddhartha Varma, J. - (1.) The petitioner retired as an Executive Engineer of the Upper Ganga Canal Adhunikikaran Division 4, District Bulandshahar, on 30.07.2006. Thereafter, he continued to retain his official accommodation i.e. House No. A-5, Madhya Ganga Canal Colony, Bulandshahar till as late as September, 2010, when he was served with a citation to appear and was required to deposit an amount of Rs. 2,75,180/- towards arrears of rent.
(2.) The petitioner being aggrieved by the citation to appear dated 06.09.2010, filed the instant writ petition. Contention of the petitioner is that when he retired several official accommodations of the Department in Bulandshahar were lying vacant. Not only that, there were several retired personnel of the department also occupying various government accommodations and that his request to retain the accommodation had also resulted in certain favourable communications between the Chief Engineer and the Secretary of the Uttar Pradesh Government.
(3.) The main plank of the petitioner's argument, however, is that under the Subsidiary Rule 18-A of Chapter IV of the Financial Hand Book, he could have retained the official accommodation after he retired by paying rent at the rate of triple the standard rent. Subsidiary Rule 18-A of the Financial Hand Book reads as under:- (1) The incumbent, whether permanent or temporary, of a post to which a residence has been allotted under rule 18 shall be considered to be in occupation of the residence during the period of his incumbency unless the allotment is changed or suspended under these rules. (2) A government servant shall not be considered to be in occupation of a residence only by reason of the fact that he shares it with another government servant who is in occupation thereof. (3) A government servant shall not be considered to be in occupation of a residence when he proceeds on leave unless the Government otherwise direct. But if he is permitted to prefix gazetted holidays to his leave or affix gazetted holiday to leave or joining time, he shall be considered to be in occupation of the residence for the period of the said holidays. (4) When a post is vacant, no one is liable for the rent of the residence allotted to it. In such cases it is not necessary to suspend the allotment of the residence to the post, but the officer who is in immediate administrative control of the post must communicate to the Accountant General the fact that the post is vacant and the period for which it will remain vacant. (5) (a) The incumbent of a post to which a residence is allotted shall vacant the residence occupied by him on his transfer before the expiry of the period of joining time (exclusive of journey time permissible to him). He may be permitted to occupy the residence in his occupation beyond the period of joining time as indicated above on payment of rent as follows:- (i) normal rent under F. R. 45-A-IV (b) for one month from the date of transfer; (ii) the standard rent of the residence for the next two months; (iii) double the standard rent for the following two months; and (iv) triple the standard rent for any subsequent period. (b) In case, however, permission for continued occupation beyond joining time as referred to in sub-paragraph (a) above, is not obtained or is not granted, the occupation will be unauthorised and the incumbent will be liable to action in accordance with the law on the subject. (c) (i) In the event of death or retirement from service the incumbent and/or his family, as the case may be, may remain in occupation of the residence after the date of death or retirement, for a period of one month at normal rent and thereafter for a period not exceeding three months at the standard rent of the residence. (ii) In the event of resignation, dismissal or removal from service, the incumbent and/ or his family, as the case may be, may remain in occupation of the residence for a period of one month at normal rent from the date of resignation, dismissal or removal from service. (iii) Where the concession of rent-free quarter was enjoyed by the incumbent before the event of death, dismissal, removal or retirement from service, the same shall be admissible to him and/or his family, as the case may be, for a period of one month from the date of death, dismissal, removal or retirement from service: Provided that if the residence is occupied even beyond the period stipulated in clauses (i), (ii) and (iii) of sub-para (c) above, the incumbent shall be required to pay triple the standard rent of the residence for any such period. ;