( 1 ) IN this petition under Art. 226, U. M. Anigol, the petitioner has challenged the levy of penal rates of rent in respect of his official quarters. ( 2 ) IN 1966, the petitioner was an Assistant Engineer in Belgaum circle. He was allotted Government quarters for his residence in Fort, belgaum, at the usual rate of license fee. He was staying there with his family. In 1968, he was promoted as Executive Engineer and posted on deputation to Malaprabha Co-operative Sugar Factory Ltd. , the headquarters of which was also at Belgaum. After deputation, he was asked to vacate the Government quarters on the ground that he was promoted and transferred to another post. He did not vacate. His request for the allotment of alternate quarters was not considered by the authorities. ( 3 ) THE Executive Engineer, Belgaum Division, asked the petitioner to pay rent at the penal rate for the period June 1958 to March 1971. The total rent worked out was Rs. 13,467-57 P. It is really a very large sum. The Accountant General of Mysore, by his letter dt. 12-8-1971, asked the petitioner to adjust that amount by way of deduction from his monthly pay bills in 129 instalments at the rate of Rs. 105 per month. Aggrieved by the action taken, the petitioner preferred this petition under Art. 226, challenging the legality of the levy and demand of penal rent. ( 4 ) THE respondents, in support of their action relied upon Rule 26 of appendix IV of the Mysore Civil Services Rules. The said Rule so far as it is relevant provides :"26. Levy of penal rates of licence fee in cases where the officials do not vacate the quarters on transfer etc.-1. In respect of government servants drawing above Rs. 100 per month : - (a) A reasonable time not exceeding one month from the date oi the relief of the official, may be allowed for the officer to vacate the official quarters and for that period the usual licence fee shall be levied. (b) If the occupant does not vacate the quarters within the specified time, three times the usual licence fee may be recovered for the period exceeding one month. (c) If the occupant does not vacate within a period of three months, the quarters may be got vacated by taking appropriate steps. (d ). . . . (b) If the occupant does not vacate the quarters within the specified time, three times the usual licence fee may be recovered for the period exceeding one month. (c) If the occupant does not vacate within a period of three months, the quarters may be got vacated by taking appropriate steps. (d ). . . . . . . . . . . . . " ( 5 ) THE question is whether the said rule is applicable to the case on hand. The Rule expressly states that the penal rates of licence fee could be levied only when officials do not vacate the quarters on transfer. If the petitioner was transferred and if he failed to vacate the Government quarters within one month, he was liable to pay three times the usual license fee or rent. The word 'transfer' is defined under Rule 8 (49) of the m. C. S. Rues. It reads thus :" 'transfer'-Means the movement of a Government servant from one headquarters station in which he is employed to another such station, either (a) to take up the duties of a, new post; or (b) in consequence of a change of his headquarters;" ( 6 ) IT is clear from the said definition that a Government servant can said to have been transferred only when he is posted to a post outside his, former headquarters. If a Government servant is moved and posted in different posts within the same headquarters, he cannot be said to have been transferred from one post to another. On applying this test, I cannot say that the petitioner was transferred. He was posted on deputation to the Sugar Factory which was within Belgaum headquarters. There was no change in his headquarters. Rule 26 of the Rule was therefore, clearly inapplicable. The impugned levy of penal ra,tes of rent was illegal. ( 7 ) IN the result, the Writ Petition is allowed with a direction toi the respondents to forbear from recovering the sum of Rs. 13,467-57p as penal rent from the petitioner in respect of his official quarters. Liberty is, however, reserved to, the respondents to recover the usual ra,te of license fee from the petitioner. ( 8 ) IN the circumstances, I make no order as to costs. --- *** --- .