- (1.) The petitioner while working as a Sub Divisional Engineer at Hissar in P.W.D. (Building and Roads Branch) was allotted Government accommodation. In January, 1990, he was transferred to Rohtak. No Government accommodation was allotted to him at Rohtak. He kept on retaining the Government accommodation at Hissar, where his family was putting up. It is alleged that while at Rohtak, the petitioner was not paid any House Rent Allowance. It may be observed here that there was no permission granted by the Government to retain the house at Hissar while the petitioner remained posted at Rohtak. In January, 1991, the petitioner was transferred back to Hissar and after his retransfer to Hissar, he applied for re- allotment of the same house which had been previously allotted to him while he was earlier posted at Hissar. Engineer-in-Chief, Haryana did not approve the re-allotment of the said house in favour of the petitioner and further ordered to recover the penal/market rent for the period he was retaining the house unauthorisedly while posted at Rohtak. Copy of the said order has been annexed as Annexure P/5 to the writ petition, which has been made a subject matter of challenge.
(2.) According to the learned counsel for the petitioner, under Rule 5.23 of the Punjab Civil Services Rules , Volume I, Part I (as applicable to Haryana) only penal rent is chargeable for the alleged unauthorised occupation. Market rent is not chareable under the statutory rules. He further argued that in similar circumstances similarly situated persons like the petitioner were charged only penal rent for their alleged unauthorised occupation of the Government accommodation. The petitioner had been discriminated against when he was asked to pay the market rent for the alleged un- authorised occupation. He has referred in his petition to three cases, i.e. one of Shri R.B.Aggarwal, Sub Divisional Engineer and the others of Shri Raghbir Singh, Sub- Divisional Magistrate and Shri Madan Parkash, Superintendent.
(3.) Rule 5.23(e) of the Punjab Civil Services Rules , Volume I, Part I, is in the following terms:- "(e) The employees who have retired/transferred but do not vacate Government accommodation within twenty one days of transfer or retirement shall be required to pay the following rent :- i) Upto one month after 21st day 20% of the pay. ii) For one month thereafter 30% of the pay iii) After that, till the employee vacates the Government accommodation 40% of the pay.";