R. Rajamani v. Medical Officer Government Primary Health Centre Karipatty, Salem District
2012-02-08
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner joined as staff nurse at Government Primary Health centre, Karipatti, Salem district, on transfer the petitioner was allotted Government quarter as per her entitlement as staff nurse. The quarters which was allotted to the petitioner was in possession of Tmt. Shanthi, who failed to vacate it. The rent for the quarter was also recovered from her. 2. Petitioner made a representation for eviction of Tmt. Shanti from the quarter allotted to the petitioner. Instead of evicting Tmt. Shanti the petitioner was allotted quarter of the lady Medical Officer, by way of adhoc arrangement, till the possession of allotted quarter was given to her, on vacation by Tmt. Shanti. 3. The house rent was deducted at rate of Rs.497/-per mensem. The petitioner was served with the impugned order dated 03.08.2000, for recovery of a sum of Rs.4444/-, on the ground that she was residing in a quarter of lady medical officer. 4. The petitioner objected to the demand, on the ground that the petitioner always wanted to shift to the quarter of staff nurse allotted to her, but was not vacated by Tmt. Shanti. The allotment of Lady Medical officer quarter was only as a stop gap assignment. 5. The respondents were taking steps to recover the ordered amount from the petitioner, therefore she challenged the order in the learned Tamilnadu Administrative Tribunal, on the ground that the impugned order was passed in violation of principle of natural justice as no notice was issued to the petitioner before ordering recovery. 6. The challenge was also on the grounds, that allotment of lady Medical officer quarter was by way of adhoc arrangement, because the respondents were not in a position to give vacant possession of the quarter allotted to her. It was therefore not open to the respondents, to recover additional rent from the petitioner. 7. It is not disputed that the impugned order was passed without complying the principle of natural justice. It is also not disputed that the petitioner was allowed to reside in Lady Medical Officer quarter by way of adhoc arrangement till the vacant possession of quarter allotted to her. 8.
7. It is not disputed that the impugned order was passed without complying the principle of natural justice. It is also not disputed that the petitioner was allowed to reside in Lady Medical Officer quarter by way of adhoc arrangement till the vacant possession of quarter allotted to her. 8. Once facts are not disputed that the impugned order was passed in violation of principle of natural justice, and further more that petitioner was allowed to use Lady Medical officer quarter by way of adhoc arrangement, the necessity of which arose because the respondents could not get the quarter vacated from Tmt.Shanti, the impugned order is on the face of it arbitrary thus hit by Article 14 of the Constitution. It is well settled that a party cannot take benefit of his own wrong. 9. For the reasons stated above, the writ petition is allowed. The impugned order is set aside. No costs.