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2016 Supreme(Ker) 903

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
CHIEF SECRETARY, GOVERNMENT OF KERALA – Appellant
Versus
AMARNATHA SHETTY – Respondent


Advocates Appeared:
For the Appellant : Sri. M.P. Prakash by Spl. Govt. Pleader.
For the Respondent: Sri. N. Nagaresh, Assistant Solicitor General.

JUDGMENT :

RAMACHANDRA MENON, J.

1. This Writ Petition had been filed by the State mainly being aggrieved by the direction passed by the Tribunal taking away the retrospective application of Annexure.A4 Circular dated 13.4.2005, with regard to the power and authority of the petitioners to realise the rent arrears from 1.11.1998, based on the changed rules/norms; at the same time sustaining the validity of Annexure.A4 Circular which was sought to be challenged by the applicants in the O.A.

2. The sequence of events as revealed from the proceedings is that the respondents 1 to 5, who were holding the office of Chief Conservator of Forest/Conservator of Forest under the State, were provided with residential accommodation and they were satisfying the rent fixed as per the norms/instructions being issued; particularly in conformity with the terms of Annexure.A1 G.O.(MS)No.127/89/PW&T. As per Annexure.A1 Government Order, the rent has to be calculated @8.5% of the basic pay and the occupant had to surrender the HRA as well; the total of which was never to exceed 1,300/-. In other words, the maximum liability, that has to be satisfied in respect of the officers of the cadre to which responde













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