Liability to pay rent for government quarters is based on the period of actual occupation and the terms of allotment, and does not extend to subsequent periods when the quarters are re-allotted to other individuals.

S.J. Mukhopadhaya, J.

The writ petition has been preferred by the petitioner against the proceedings contained in letter No: Aa.Va.B. 8/23472/2002 dated 28th July 2004 by which the petitioner has been asked to deposit the rent for quarters No: J 29 for the period from 29.05.2002 to 210. 2003. As the case may be disposed of on a short point, it is not necessary to discuss all the facts except the relevant one.

2. Petitioner, who is a Government servant, was allotted quarters No: X 22 in Fore Short Estate, Pattinapakkam, Chennai – 600 028, under TNGRHS Scheme. The petitioner occupied the said quarters. But being not satisfied with it, she requested for change of quarters. Having accepted such prayer, the respondent State re-allotted Apartment No: J – 29 by Government Letter No: 14762/HB3(1)/2002-I dated 29th May, 2002. The following conditions were stipulated therein:

"1. Petitioner to pay the rent for the quarters allotted under this order from the date of allotment of the said order i.e. 29.05.2002;

2. Petitioner will immediately vacate the quarters which she was occupying; Till she vacates the earlier quarters, she will not only pay the rent of the quarters subsequently allotted, but also pay the rent of the quarters already under occupation and

3. In case, she is not inclined to accept the re-allotment, then she will have to pay rent till the said quarters is re-allotted to some other person; "

By the said order, some other quarters were also allotted in favour of one or the other employee, with the same conditions.

3. The petitioner, having not satisfied with the allotment of Quarters No: J 29, requested for re-allotment of another quarters. The State Government accepted such prayer and by an order dated 4th July, 2002, it changed the allotment and re-allotted the quarters RD No: 16 to the petitioner. The Tamil Nadu Housing Board, vide their letter No: Aa.Va.B.3-4/35039/2001 dated 16th July, 2002 communicated the said order to the petitioner with the following conditions:

" 1. Petitioner must vacate quarters No: X - 22 within 22.07.2002;

2. She will pay the rent for Quarters No: RD 16 with effect from 04.07.2002 i.e. the date on which the Government Order is issued.

.3. For the quarters which was in her occupation, she must pay rent till it is re-allotted to other person. ...."

.There are some other conditions also. But they are irrelevant for determination of the present case.

.4. Learned counsel for the petitioner submitted that charging of rent for the same period in respect of two quarters is illegal particularly when the petitioner has not occupied Quarters No: J 29 at any point of time. In the writ petition, it is also alleged that the living condition at Quarters No: X 22 as also at Quarters No: J 29 was not upto the standard. But, the respondents have disputed the same.

5. Learned counsel appearing on behalf of the Tamil Nadu Housing Board referred to different letters of allotment and the conditions prescribed therein and submitted that the petitioner is bound to obey the condition of allotment, it having been mentioned that the petitioner was asked to pay the rent for Quarters No: J 29 from the date of allotment i.e. 29.05.2002 till the said quarters is re-allotted in favour of some other person. In the present case, the quarters No: J 29 having been allotted to other person on 210. 2003, the petitioner is liable to pay rent for the period from 29.05.2002 to 27.07.2003 apart from 36 months rent for Quarters No: X 22, which was in his occupation.

6. We have noticed the rival contentions made by the parties and perused the relevant order issued by the State Government and Housing Board from time to time.

7. The petitioner having actually occupied the Quarters No: X 22 for a period of about 36 months and having vacated the said quarters and taken possession of Quarters No: RD 16 on 16th July, 2002, she is liable to pay rent of Quarters No: X 22 for such 36 months on and from 16th July, 2002. She