CAV Order

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

“10.1 The Hon'ble High Court may kindly be pleased to call for the entire records leading to the impugned in-

action for its kind perusal.

10.2 Hon'ble Court may kindly be pleased to direct Respondent authority to refund the Penal rent which is deducted from the Petitioner.

10.3 Any other relief, which Hon'ble Court deems fit and proper may also kindly be granted to the Petitioner in the interest of justice.

10.4 Cost of the Petition be also awarded.”

2. Brief facts of the case are that the petitioner was appointed as Security Guard on 13.12.1974 in Respondent Department and was promoted from time to time. He got retired as senior Security Inspector from Hasdeo Area of Respondent on 30.09.2011. When Petitioner was posted at Dipka Expansion Project, Gevra Area (Now Dipka Area), he was allotted a Residential Quarter No.B/564, Pragati Nagar. After that Petitioner was transferred to Central Workshop Korba on 14.05.2002. He worked there till 31.01.2004. Thereafter Petitioner was transferred from Central Workshop Korba to Johila Area where he joined on 07.02.2004 and there he worked till 05.10.2006, then he was transferred to Hasdeo Area where he joined on 07.10.2006 and worked there till his retirement on 30.09.2011. During the above mentioned period from 14.05.2002 to 30.09.2011, wherever Petitioner was transferred he gave several representations for allotment of quarter but Petitioner was not allotted residential quarter. In the above circumstances he had no other option but to retain the Qtr. No.B/564, Pragati Nagar, at Korba, in which his family was residing. Subsequently, Respondent No.2 sent a letter dated 05.07.2005 and informed Petitioner that penal rent will be deducted from his salary @ Rs 2500/- per month and arrears of rent from November 2002 to June 2005 @ Rs.74692. Respondent authority neither paid house rent allowance nor allotted any quarter at his transferred place where he was working during the above mentioned period from 14.05.2002 to 30.09.2011, so the deduction made from his salary was illegal.

Petitioner continuously requested for stopping the deduction and refund of the money deducted from his salary and gave several representations. Subsequently, Petitioner submitted representation regarding refund of Penal rent on 15.10.2012 and upon his representation no fruitful outcome from the authority has been given. They sent letter on dt. 29.10.2012 & 10.11.2012 saying that they examined the case and issue of Petitioner and gave assurance of refund of the penal rent, but nothing has been done. Ultimately Petitioner retired and vacated & handed over the quarter on 07.11.2011. He repeatedly prayed for refund of the Penal rent and sent a legal notice dated 17.05.2013 to the respondent authorities, but nothing has been done. Hence, this writ petition has been filed by the petitioner.

3. Learned counsel for the petitioner submits that the deduction of penal rent from the salary of the Petitioner is not just and proper. Petitioner was entitled for accommodation facility according to the service conditions. During the period from 14.05.2002 to 30.09.2011, Respondent neither paid him house rent allowance nor allotted quarter, as such deduction from his salary is illegal and arbitrary. Wherever Petitioner was transferred, he requested for allotment of quarter but Respondents had not allotted Company residential quarter to him anywhere at transferred place. He has not taken facility of quarter or house rent, therefore the action of authority to deduct the Penal rent from his salary is illegal, arbitrary and not just and proper. Petitioner submitted representation regarding refund of Penal rent on 15.10.2012, but nothing was done and in turn they sent letters on 29.10.2012 & 10.11.2012 saying that they examined the case & issue of Petitioner but authority has not decided the representation nor refunded the Penal rent. Ultimately t