- (1.) THE present appeal is filed against the order dated 11.6.2007 passed in W.P.(C) No. 3121 of 2002, upholding the order of imposition of penal rent.
(2.) BOTH the appellants are Senior Auditor in the Defence Accounts Department. While they were posted in Local Audit Office, Ranchi, they were allotted Defence Pool accommodations meant only for Armed Force Personnel posted in the Station being Quarter Nos.P -16/1 and C/1 respectively by the respondents, based on the request of appellant nos.1 and 2. The appellant nos.1 and 2 continued in their occupation till 30.6.1998 and 15.6.1998 respectively on which dates the appellants were forced to vacate the quarters. The case of the appellants is that the appellants were transferred for certain period from Ranchi to North East Region/Field Area and their transfer was not by way of permanent posting and even when the appellants were on transfer, they were wrongly declared as an unauthorized occupants. Since the appellants were transferred and were not in the Station, they were declared unauthorized occupants and hence eviction order was issued to them to vacate the same as per Public Premises(Eviction of Unauthorized Occupants) Act, 1971.
(3.) THE appellants filed CWJC No. 1606 of 1997(R) against the order of eviction and by order dated 20.4.1998, the said eviction order was stayed and the appellants were directed to pay monthly rent regularly. However, the appellants were evicted on 30.6.1998 and 15.6.1998 respectively and penal rent was deducted from the pay bill from 1999 to 2003. Thereafter the appellants filed WP(C) No.3121 of 2002 contending that they are not liable to pay penal rent for the quarters in question for the period from 1.4.1995 to 30.6.1998 in view of the concessions provided in paragraph(h) of Annexure -C to the Circular(Annexure -1).;