IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 04.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

W.P.No.26829 of 2009

Dr.A.Vijayalakshmi

... Petitioner

Vs.

1. The Government of Tamil Nadu,

Rep. by Secretary to Government,

Health and Family Welfare Department,

Secretariat, Chennai – 600 009.

2. The Director of Medical Education,

Chennai – 600 010.

3. The Dean,

Kanyakumari Government Medical College,

Asaripallam 629 201,

Kanniyakumari District.

4. The Accountant General (A. & E.)

Tamil Nadu, Chennai – 600 018.

... Respondents

Writ petition filed under Section 226 of the Constitution of

India to issue a Writ of Certiorarified Mandamus, calling for

the records relating to the Orders in (1) Ref. No.24708/E1/4/08,

dated 19.11.2008 of the second respondent and (2)

Ref.No.136/E1/4/08, dated 05.12.2008 of the third respondent,

quash the same and issue consequential direction to the

respondents to disburse the DCRG payable to the petitioner on

her retirement on 30.06.2008 with 18% interest on the delayed

payment.

For petitioner

: Mr.S.Balakrishnan

For Respondents

: Mr.M.Saravanan,

Additional Government Pleader

for R1 to R3

No appearance for R4

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition is filed to quash the proceedings in Ref.

No.24708/E1/4/08, dated 19.11.2008 of the second respondent and

Ref.No.136/E1/4/08, dated 05.12.2008 issued by the third

respondent, directing to remit the amount of Rs.8,034/- due to

the petitioner towards the rent of the Quarters allotted and

water charges.

2. It is the case of the petitioner that the petitioner who

was working as an Associate Professor of Biochemistry in

Government Medical College, Asaripallam, was retired from

service on 30.06.2006 on attaining the age of superannuation.

While she was in service, a rental quarters was allotted by the

3^rd respondent on 01.10.2007 though she has not applied for the

same. In this regard, she made an oral representation on

10.10.2007 followed by a written representation, dated

03.11.2007, requesting the 3^rd respondent to cancel the allotment

of residential quarters as she was already staying in a rented

house. But without considering the said representations, the 3^rd

respondent issued another proceedings dated 27.12.2007,

allotting Quarters No.1/1 from 01.01.2008, to the petitioner.

Subsequently, the petitioner attained the age of superannuation

on 30.06.2008. At that time, it was informed that the

petitioner has to pay an amount of Rs.8,034/- due and payable

towards the rent and other charges for the quarters allotted to

the petitioner. Challenging the aforesaid order, the petitioner

has preferred the present writ petition by raising a ground that

the petitioner has never occupied the quarters allotted to her.

Hence, the issue regarding the payment of rent to the

respondents would not arise at all.

3. The respondents filed a counter affidavit stating that on

30.06.2008, the petitioner submitted a grievance petition to the

Health Secretary, through proper channel, requesting that she

should be exempted from paying rent and other charges for the

quarters allotted as she was never occupied the same. According

to the respondents, the allotment of quarters was done on

26.10.2007 w.e.f 01.11.2007 for 12 Professors including the

petitioner.

However, except the petitioner, all other

Professors have occupied the rental quarters allotted. In this

circumstance, the petitioner had approached the Dean hardly one

week prior to her retirement and informed that she had not

received the key of the quarters so far. The 3^rd respondent

replied that everything was done as per the procedure and hence

he has to remit the charges calculated at Rs.8,034/- due towards

the rent and other charges of the quarters allotted to her.