(1) LEAVE granted in all the special leave petitions. (2) WE have heard learned counsel for the parties. (3) THESE appeals are directed against the judgment and order dated 22/7/199393 passed by the central Administrative tribunal, Principal bench, New Delhi, in Original Application No. 2212 of 1992 as well as the order of the Tribunal dated 4/10/1993 passed in Review Applications Nos. 332 and 333 of 1993. Both the appellants are employed as Auditors in the Posts and Telecommunication Department. While they were working in the Office of the Principal Director of Audit, Posts and Telecommunication, New Delhi, they were allotted government accommodation falling in the Departmental Pool. As a result of abolition of the permanent cadre of Auditors in the Office of the Director General of Audit they have been transferred to the Branch Office, i.e., Posts and Telecommunication Audit Office, New Delhi and as a result they are not entitled to occupy the government accommodation in the Departmental Pool and are entitled to allotment of accommodation in the General Pool. This was not done and they continued to occupy the government accommodation allotted from the Departmental Pool. They are being required to pay penal rent and damages for occupying the said accommodation from the Departmental Pool. (4) WE have been informed by the learned Additional Solicitor General that appellant S.C. Bose has been allotted accommodation from the General Pool and as regards appellant R.L. Mattoo it is stated that so far he has not been allotted accommodation from the General Pool but he will be allotted accommodation as soon as the same is available. (5) SHRI P.N. Misra, the learned counsel appearing for R.L. Mattoo, states that he would vacate the accommodation from the Departmental Pool at present occupied by him within one month of the allotment of the accommodation from the General Pool. Having regard to the aforesaid circumstances, we are of the view that since the officers were entitled to allotment of accommodation from the General Pool and they had to stay in accommodation from the Departmental Pool on account of non-allotment of the accommodation from the General Pool, the department was not justified in recovering penal rent and damages for occupying the accommodation from the Departmental Pool. (6) THE appeals are, therefore, allowed and the order regarding recovery of penal rent and damages from the appellants are set aside. (6) THE appeals are, therefore, allowed and the order regarding recovery of penal rent and damages from the appellants are set aside. Insofar as appellant R.L. Mattoo is concerned, he will vacate the government accommodation from the Departmental Pool within one month of the allotment of the accommodation from the General Pool, No costs.