Comparative Citations:
2011 (1) KCCR 49, 2011 ILR(Kar) 370

Petitioner has sought for a direction to the 2nd respondent to receive the keys of PWD quarters No. 255/1, Yelahanka New Town, Bangalore, without insisting to pay the outstanding arrears of sanitary charges amounting to Rs. 11,620/-. Certain other reliefs are also sought for in the writ petition.

2. Petitioner is a Section Officer working in the High Court of Karnataka. He was allotted PWD quarters bearing No. 255/11, situated at Yelahanka New Town, on 18.5.1995. Subsequently, the petitioner seems to have constructed the house and has shifted to the new house of his own. Thus, the petitioner with a view to surrender the keys of the quarters, approached the 2nd respondent and requested him to accept the keys of the quarters. At the time of surrendering the keys of the quarters i.e., on 16.9.2010, the petitioner had paid the entire water charges and electricity charges in respect of the quarters in question till 16.9.2010 as is clear from the documents vide Annexures –‘A’ and ‘D’. The water charges were being deducted every month from the salary of the petitioner. Thus, it is clear that the petitioner has paid licence fee, water charges and electricity charges completely as on 16.9.2010. However, the 2nd respondent refused to accept the keys surrendered by the petitioner on the ground that the petitioner has to pay Rs. 11,620/- towards sanitary charges by issuing letter/order Annexure – ‘B’ dated 19.10.2010. Hence, this writ petition is filed praying for necessary direction. It is also relevant to note that the water charges and licence fee for the quarters is deducted from the salary of the petitioner for the months of September and October 2010 also. The petitioner has sought for refund of such recovered amount also.

3. It is not in dispute that the petitioner has paid the licence fees, water charges and electricity charges fully in respect of the quarters in question till 19th September 2010. It is also not in dispute that the petitioner requested the respondents to permit the petitioner to surrender the keys of the quarters on 19.9.2010. But, the same is refused by the 2nd respondent on the ground that the petitioner is due for a sum of Rs. 11,620/-towards drainage/sewerage charges.

4. The allotment of quarters for government employees is covered by the Karnataka Government (Allotment of Government Quarters) Rules 1999 (hereinafter referred to as ‘the Rules’ for short). Rule 5 of the Rules deals with eligibility for allotment of the PWD quarters. The petitioner was allotted quarters as he was eligible for allotment. Such allotment is subject to the provisions contained in Rule 9 of the Rules. Rule 9 of the Rules deals with payment of licence fee. As could be seen from Rule 9 of the Rules, the licence fee payable shall be 10% on the gross monthly salary of the allotee or the amount equal to HRA, whichever is more. In the matter on hand, the amount equal to HRA is deducted from the salary of the petitioner every month towards licence fee. Thus, Rule 9 of the Rules is satisfied by the petitioner. Rule 19 of the Rules deals with upkeeping of the house. The said rule mandates that the allottee while in occupation of the house quarters, shall be responsible for the proper upkeep and maintenance of the house/quarters and is liable for damage caused to the building, if any. The allottee shall take care to see that all the bills in respect of supply of electricity and water to the house/quarters are cleared from the month to month. Thus, it is amply clear that the petitioner/allottee is liable to pay the bills in respect of supply of electricity and water. The petitioner has produced ‘No Due Certificate’ issued by the BESCOM, the copy of the certificate is produced at Annexure ‘A’ dated 14.9.2010. The same makes it clear that no due regarding electricity was existing as on 13.9.2010. The petitioner has intimated to the 2nd respondent that he is surrendering the keys of the quarters by writing a letter dated 16.9.2010 and ‘N