SOMNATH AYYAR, J.

( 1 ) THE challenge in these two writ petitions is to a circular issued by the Conservator of Forests. Belgaum Circle, on 19 March 1964 by which he directed that in respect of all departmental buildings in the occupation of employees in the Forest Department in his circle, rent should be recovered in accordance with the Mysore Civil Service Rules, 1958, from 1 April 1958. That circular also directed that the rent to be so recovered should be 10 per cent of the pay in all cases except those whose pay is Rs. 50 and below, a month.

( 2 ) THE petitioner in Writ Petition No. 777 of 1964 are range forest officers and the petitioner in writ Petition No. 780 of 1964 is a forester. Their contention is that although they were in occupation of a building belonging to the Forest Department, they are not liable to pay any rent.

( 3 ) IT is pointed out to us by Sri Datar appearing for the petitioners that under note 3 to rule 850 of the Bombay Civil Services Rules made by the Governor of Bombay under Sub-section (2) (b) of s. 241 of the Government of India Act, 1935, the Government servants enumerated in appendix lv are entitled to rent-free accommodation and that the forest

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