The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:

a. To call for the records pertaining to the impugned proceedings No. AN-III/1071/Misc/2020-21 of the 3^rd respondent, dt.22.01.2021.

b. and consequently set it aside the impugned proceedings dated 22.01.2021 issued by the 3^rd respondent and all other consequential proceedings as illegal, arbitrary and against the principles of natural justice and violative of Article 14, 16 and 21 of the Constitution of India .

c. and pass such other order or orders as the Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

2. As per the prayer of the applicant, this Tribunal, vide order, dt.24.02.2021, had stayed the proposed recovery till the disposal of the OA.

3. The facts of the case, as per the submissions of the applicant, are summarised below:

i. The applicant, Sri P.Rama Kishore, was recruited as an auditor on 15.01.2002 in PAO(Ors)ACR, Ahmedmagar, and promoted as SO(A) on 28.12.2007. The post of Section Officer (A) was redesignated as Asst.Accounts Officer (AAO). Consequent upon transfer, the applicant reported for duty at the CDA, Secunderabad, i.e., Respondent No.3 office, during the month of May, 2009, where he was allotted Qtr.No.C-40, DAD Residential Complex, Lekhanagar, Secunderabad. On his request, for change of quarters, he was allotted Qtr.No.C-04. After completion of 5 years of service in Secunderabad, he was transferred to AO AGE (I), Yeddumylaram, on seniority-cum-own request basis, which is a sub-office of Respondent No.3. The applicant is borne on the strength of Respondent No.3 and his pay and allowances are paid by the CDA, Secunderabad. The applicant was relieved on 30.10.2014 and reported for duty on 03.11.2014 in the new office, i.e., AO AGE (I), Yeddumylaram.

ii. After reporting at the O/o the AO AGE (I), Yeddumylaram, on 03.11.2014, the applicant submitted a representation on 05.11.2014, for retention of Quarter No.C-04, on grounds of education of his children and medical needs. Respondent No.3, vide letter No.AN/III/1074/EC/Retention, dt.28.11.2014, informed that the request made by the applicant has been considered by the competent authority and the officer was permitted to retain the said quarter upto 30.06.2015, on payment of the prescribed normal licence fees, from 01.11.2014 to 31.12.2014 and on payment of double the normal licence fee from 01.01.2015 to 30.06.2015. Subsequently, in response to his representations, dt.20.05.2015 and 14.01.2016, for further retention of the quarter, the 3^rd Respondent, vide letters, dt.22.06.2015, and 03.03.2016, permitted him to continue in/retain the quarter on payment of double the normal rent, up to 31.07.2016. Thereafter, the applicant submitted an application on 19.07.2016, requesting the competent authority for retention of the quarter, for which, letter No.AN/III/1074/EC/Retention, dt.16.12.2016, was issued, after a lapse of more than 5 months, asking the applicant to vacate the quarter.

iii. The applicant had reported at the O/o AO AGE (I), Yeddumylaram, on 03.11.2014 and completed the tenure of 02 years by 02.11.2016. But, the applicant was repatriated to the O/o the 3^rd Respondent and was relieved from the O