D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application, has prayed for an order quashing the decision of the competent authority of the CCL, as indicated in the communication vide letter dated 08.08.2007 (Annexure -5) of the Personnel Manager (EE), CCL, Ranchi (Respondent No. 5), whereby a direction has been made for deducting a sum of Rs. 1,47,189/ - as House Rent @10% of the basic pay for the period 19.01.1998 to 19.02.2003 for 'self lease accommodation'. A further prayer has been made for a direction upon the respondents to refund the deducted amount to the petitioner. The petitioner has assailed the impugned order as being illegal and arbitrary and without jurisdiction and violative of the petitioner's right under Article 14, 21 and 300A of the Constitution of India.
(3.) FACTS of the petitioner's case in brief is as follows: The petitioner was appointed as Director (Personnel) vide letter of the Ministry of Coal, Government of India dated 24.10.1997, under the specific terms and conditions of appointment. Clause -V of the Terms and Conditions of appointment and its sub -clauses relate to residential accommodation / payment of house rent allowance and recovery of rent for the accommodation so provided. The clause postulates three kinds of residential accommodation under Sub -clause (a), (b) and (c) of Clause -V. Clause -V and relevant sub -clauses relating to residential accommodation are reproduced herein -below: (a) Company's own accommodation: Wherever the PSE has built residential flats in the industrial township or purchased residential flats in the cities, arrangements would be made by the PSE to provide a suitable residential accommodation to him. (b) Lease Accommodation: If the PSE does not have residential accommodation...or is not able to provide residential accommodation out of the residential flats purchased by it...., then in that situation, accommodation could be arranged by the PSE by taking the premises on lease basis.... (c) Self -lease: If he owns a house at the place of his posting and is desirous of taking of his own house on self -lease basis ...., the PSE can permit him to do so provided he executes a lease -deed in favour of the PSE.... Sub -clause (i) of Clause -V provides for 'Rent Recovery' in respect of three kinds of accommodation such as, (a) accommodation arranged by the PSE from its own township or own flats, (b) lease accommodation arranged by the PSE, and (c) furnished accommodation arranged by the PSE. The terms and conditions of appointment also provides that other terms and conditions would be governed by the Rules of the PSE.;