JUDGEMENT
AUGUSTINE GEORGE MASIH, J. -
(1.) PETITIONERS have approached this Court impugning the order dated
21.04.2012 (Annexure P -17), vide which petitioner No.1 has been called upon to deposit a sum of Rs.1,80,000/ - as penal rent for over stay in the
official accommodation which he was required to vacate after his request
for extension to retain the accommodation was declined by the competent
authority, i.e., the Principal and Director, Moti Lal Nehru School of
Sports, Rai Sonepat -respondent No.3.
(2.) COUNSEL for the petitioners contends that same dated order in same terms has been passed with regard to petitioner No.2, wherein the demand was of
Rs. 1,68,000/ -. Challenge is also posed to the order dated 01.04.2013
(Annexure P -25) passed by the Principal Secretary to Government Haryana,
Department of Sports & Youth Affairs, Chandigarh -respondent No.2, whereby
a speaking order has been passed in compliance with the Division Bench
judgment dated 24.08.2012 of this Court in LPA No.1225 of 2012, vide
which the request of the petitioner for waiver of the penal rent imposed
upon them has been rejected.
Communication dated 27.12.2013 (Annexure P -27), vide which the District
Education Officer, Mewat has been requested by the Principal and
Director, Moti Lal Nehru School of Sports, Rai Sonepat for recovery of
Rs. 1,68,000/ - from Shri V.S. Shekhawat and Rs.1,80,000/ - from Shri
P.K.Roy, petitioner Nos.2 and 1 respectively has also been challenged.
It is the contention of the counsel for the petitioners that the petitioners are only restricting their claim in the present writ petition
to the imposition of penal rent by respondents. He contends that the
rules governing the allotment of quarters to the employees provide for
retention of the said quarters for two months after the transfer of
employees. Even after the transfer, with the permission of the competent
authority, further extension can be granted for additional two months at
the normal rent on medical ground of self or members of family or on
ground of education of the children of the employee subject to the
approval of the competent authority. The said benefit has not been
granted to the petitioners despite they having represented to the
respondents. The claim of the petitioners although has been considered,
however, without taking a sympathetic view, the full penal rent has been
charged from them, which, the counsel contends is too harsh on the
Government employees. He accordingly prays that mercy be shown to the two
petitioners and a lesser rent be charged from them.
(3.) I have considered the submissions made by the counsel for the petitioners and have gone through the records of the case. Present is not a case
where any mercy should be shown to the petitioners, who have, all
through, been on one pretext or the other making an effort to retain the
official accommodations allotted to them while they were appointed in the
Moti Lal Nehru School of Sports, Rai Sonepat. Even after the dismissal of
the writ petitions, which were preferred by them as also the dismissal of
the appeal, referred to above, petitioners had been insisting upon and
have now approached this Court by assailing the action of the respondents
which they have initiated against them, which has been found to be in
accordance with the statutory rules.
It is apparent from the order dated 01.04.2013 (Annexure P -25) that the
rules only contemplate extension for additional two months at normal rent
and that too on medical ground or the ground of education of the
children. Thereafter, no further extension can be granted to them without
charging the penal rent. The order having been passed in accordance with
the statutory rules does not call for any interference by this Court.;
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