ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, applicant sought the following relief: “…….to call for records pertaining to the impugned Lr. No.

30262/Md Accn/189/E3 dated 24.04.2023. Lr. No. 2011/CE R&D /WED/E2 dated 03.05.2023 and Order No.RI / AAOBSO/KB / LF/DC/05/2023 dated 04.05.2023 considering the applicant's occupation of quarter as unauthorized and thereby levying damage rent along with fixed charges, electrical charges etc., to the tune of Rs. 1,47,880/- and quash and set aside the same as illegal, arbitrary and violative of rules on the subject matter and law of the land and consequently declare that the applicant is entitled for levying normal rent for the first six months after his retirement and for a notice and reply before arriving at any levying of damage rent, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant initially joined the respondents organization as Draughtsman on 13.01.1986 and retired as Technical Officer on 30.06.2022. The applicant before his retirement submitted a representation dated 08.06.2022 for retention of the quarters on concessional rates as per Rule 40 of Central Government General Pool of Residential Accommodation (GPRA) Rules 2017. It is the case of the applicant that as per the said Rule, a government servant on retirement voluntary retirement etc. can retain the quarters for six months on normal license fee. After expiry of the concessional period, the Estate Officer can consider the request of the government servant as per the law or can take recourse for eviction of the quarters and for penal damage rent by following the procedure as laid down in Rule 8 of Public Premises (Eviction of Unauthorized Occupants) Rules 1971.

While so, the respondents vide their Lr. dated 14.02.2023 directed the applicant to pay license fee and allied charges w.e.f. 01.07.2022 to 31.12.2022 (six months) in advance after ascertaining the rates and after that the sanction for retention will be issued as per rules. It is the contention of the applicant that the said communication clearly indicates that, as on 14.02.2023, the respondents had no intention of levying any damage charges for the first six months of the stay of the applicant in the quarters as per rules. In terms of the said communication, the applicant paid an amount of Rs.10,992/- on

20.05.2023.

3. The applicant submitted one more representation dated 07.03.2023 for retention of quarters on the ground that his daughter is pursuing her B.Tech Final Semester in Hyderabad and she applied for Masters in USA and was provisionally selected to Texas University and therefore, they require some time to vacate the quarters. The respondents vide their Lr. dated 09.03.2023 revised the bill for license fee without any notice to the applicant. The respondents levied an amount of Rs.790/- as normal fee for the months of July and August 2022 with a total of Rs. 1832/- for each month including the other charges. They doubled the license fee for the month September and October 2022 at the rate of Rs.2622/-. Again for October and December they levied four times of the license fee with a bill of Rs.4202/- for each month. Thereafter, January and February 2023 the respondents levied damage rent at the rate of Rs.31,600/- per month and thereby, charging an amount of Rs.32,642/- per month for January and February 2023.

It is further contended by the learned counsel for the applicant that before taking such decision, the respondents have not issued any notice to the applicant as per Eviction of Unauthorized Occupants Act and Rules. They have also violated Rule 40 of CGGPA Rules 2017. The respondents vide their impugned Lr. dated 17.04 2023, and 24.04.2023 considered the retention of the applicant w.e.f., 01.01.2023 as unauthorized without due process of law and thereby levying damage rent along with fixed c