Gyanendra Nath Parida v. The Engineer-in-Chief (Civil)-cum-Secretary to Govt. , Works Department, Orissa, Bhubaneswar
2011-04-29
D.K.SAHU
body2011
DigiLaw.ai
ORDER Dr. D.K. SAHU, MEMBER (JUDICIAL) : The Applicant has been serving as an Asst. Engineer. He was posted at Bhubaneswar. During his incumbency, he as allotted with a Govt. quarter. He retired from Govt. services on attaining the age of superannuation on 30.9.04. He vacated the allotted Govt. quarter on 18.8.06. A sum of Rs.69,520/- has been recovered from his DCRG towards arrear license fees-cum house rent for occupation of the quarter. The applicant now seeks for issuance of direction to the respondents for proper calculation of the license fee for payment of DCRG with interest thereon. 2.The respondents have filed a written reply. The factual matrix has not been controverted. The resolution of G.A. Department dated 18.9.98 towards fixation of license fee and occupation of the quarter reveals that after retirement, a Govt. employee is entitled to retain the quarter for a maximum period of three months and thereafter license fee shall be charged at the rate of 5 time of standard license fee for the period of occupation of the quarter beyond the aforesaid permissible period. However, para-12 of the resolution provides that in special circumstances for reasons, the State Govt. may reduce or waive the amount of license fee to be recovered from the office. The resolution reveals that the standard license fee is twice the usual license fee. 3.The applicant is entitled to occupy the quarter for three months after his retirement. In the instant case, he occupied the quarter for one year 10 months. The pleadings reveal that the delay took place in finalization of his gratuity etc. and as his personal house under construction, could not be completed at Bhubaneswar, he overstayed in the Govt. quarter. The Hon’ble Apex Court in the case of Radha Ballava -vrs- Union of India and another reported in 2007 (1) SCC (L&S) 678 have directed the petitioner therein to pay the normal rent and not to recover the damage rent. The Govt. is an ideal employer. They have power to relax the market/penal rent. 4.After careful consideration, it is directed that respondent No.1 shall consider for realization of standard rent i.e. twice the license fee through out i.e. from the date of retirement till vacation of the quarter from the applicant. If it is allowed, then over deduction from the DCRG may be returned to him.
They have power to relax the market/penal rent. 4.After careful consideration, it is directed that respondent No.1 shall consider for realization of standard rent i.e. twice the license fee through out i.e. from the date of retirement till vacation of the quarter from the applicant. If it is allowed, then over deduction from the DCRG may be returned to him. This exercise be completed within three months from communication of this order. 5.The O.A. is disposed of accordingly. No orders as to cost. O.A.disposed of.