Retrospective penal rent for higher government quarters unjustified after long legitimate occupation with normal charges; prospective application only.

ORDER

This original application has been filed under section 19 of Administrative Tribunals Act 1985 seeking relief to set aside the order dated 11.01.2023, demand letter dated 27.03.2023 29.03.2023 and 03.04.2023 and to direct the respondents to not cancel allotment order dated 22.03.2011 issued in favour of the applicant. Prayer has also been made for a direction to the respondents not to disturb the applicant’s possession or compel him to vacate the quarter no. 3 type III and to stay the realization of arrear of the rent according to 3 times of license fee.

2. The facts of the case, in brief, are that the applicant, who is presently posted as Office Superintendent in the office of D.G.M., B.S.N.L., Gazipur, was allotted quarter no. 3 type III vide letter dated 22.03.2011 by the Divisional Engineer (Admn.), office of TDM, Gazipur after obtaining consent of the applicant vide letter dated 23.11.2010. Thereafter, the applicant took possession of the aforesaid quarter and accordingly as per rules necessary deduction of rent was started from his salary. It is contended by the applicant that he continued to reside in the aforesaid quarter but all of sudden, the Assistant General Manager (Admn.), Office of Deputy General Manager (Pracha), B.S.N.L., Gazipur, issued order dated 11.01.2023 cancelling the allotment of quarter no. 3 Type III and ordered for recovery of three times of rent from the date of possession of the quarter. The applicant has further contended that the aforesaid quarter was allotted to him by the department as per rules and with the consent of the higher authorities he is living in the aforesaid quarter since 2011. The applicant vide his letter dated 16.01.2023 agreed to deposit three times fee for the quarter no. 3 type III but he stated that the recovery of 3 times rent since the date of possession is illegal and without basis as it was allotted by the department itself vide order dated 22.03.2022 and there is no condition for deduction of the 3 times license fee and also no any condition to vacate the aforesaid quarter on the availability of eligible person hence, the action of the respondents is illegal and the OA should be allowed.

3. Upon notice, the respondents have filed counter affidavit wherein they have denied the claim of the applicant by stating that the applicant is not entitled to avail facility of residential quarter type-III as he is entitled for the facility of residential quarter type-II, therefore, the competent authority has rightly initiated proceeding for vacation of aforesaid residential official accommodation from the applicant. The respondents contended that the BSNL Corporate Office, New Delhi issued guidelines vide letter dated 29.07.2010 in which the eligibility criteria for allotment of BSNL residential accommodation is provided and as per this letter, the applicant is not entitled to avail the facility of type III quarter as he is entitled to type II quarter. Hence, the authorities took action to get it vacated from the applicant. The respondents have further stated that the quarter allotment letter was issued to deduct rent alongwith license fees as per the department rules and they have enclosed the said rules at page 21 of the counter reply wherein following is mentioned: -

“License fee in case of allotment of higher accommodation: - Where, due to adequate availability of quarters of a particular type, a Government servant is allotted accommodation of a type higher than his entitlement, only flat rate of license fee relevant to that type of accommodation is to be charged from such allottee. However, if an allotment of a higher type is ma