JUDGMENT

K. Venkataswami. J.-The appellant is aggrieved by the levy and collection of Rs. 8696.10 towards excess licence fee at market rates for government residence for the period January, 1976 to May, 1977 by deducting from the pay bill of the appellant. The appellant is now a retired IPS Officer. While he was in service, he was given Government residence as per Government rules. By notification dated 1.1.1976 issued by the Ministry of Works and Housing New Delhi, certain amendments were introduced to the Allotment of Government Residence (General Pool, New Delhi) Rules, 1963 (hereinafter referred to as the Rules. Clauses 3 and 4 are relevant which read as follows :-

"(3) If on the 1st day of January, 1976, an Officer in occupation of Government residence owns a house or any other member of his family owns a house, he shall surrender the Government residence in his occupation.

(4) Where an officer to whom sub rule (3) is applicable does not surrender the Government residence as required under that sub-rule, he shall be liable to pay damages for use and occupation of the residence, services, furniture and garden charges, equal to the market licence fee as may be determined by Gov