JUDGMENT : Heard both sides. 2. The unsuccessful writ petitioner is on appeal. 3. The appellant was working as Pharmacist in Government Primary Health Centre, Kothanalloor. He was called upon to occupy the attached quarters. The appellant, however, did not do so. Instead, he sought permission to reside in his own house which was at a distance of about one kilometer from the hospital. The appellant's request was rejected and recovery was ordered from his salary. Challenging the same, the appellant filed W.P.(MD)No.5289 of 2012. 4. The writ petition was dismissed by the learned single Judge vide order dated 16.09.2020 in the following terms:- “7. Factual position of post – attached quarters, in the instance as follows: About 385 block level Primary Health Centres and 1185 Additional Health Centres are functioning in Tamil Nadu to render Medical and Preventive Services to the people of the rural areas where neither adequate Medical facilities nor Transport facilities are available. To have this service each block level Primary Health Centres have residential quarters attached with the following posts in order to utilize the service of the incumbents of these posts at any time during emergency. Viz., 1) Medical Officers 2) Pharmacist 3) Auxiliary Nurse Midwives 4) Sector Health Nurse 5) Driver 6) Male Nursing Assistant 7) Sweeper. 8. Rule Positions: Rule 4 under Rule 44 of Fundamental Rules Stipulates that in cases of refusal of allotment of Government Quarters house rent allowance will not be admissible from the date of allotment of Government Quarters. 9. The Service matrix of the petitioner as follows: The petitioner had joined duty in Primary Health Centre, Kothanallur on 06.08.2009 on transfer from ITI dispensary Konam at Nagercoil. Hence, he should have taken over the quarters on the date of joining duty itself. On refusal to do so the Block Medical Officers in his letter dated 04.11.2009 had instructed the petitioner to take over the Quarters not rent free quarters as claimed by the petitioner since rent free quarters are provided only to the employees in the grade pay of Rs.1900/- and below. 10 (a) House Rent for others, the rent recovery is as follows: S.No. Pay rate Grade (a) and (b) places Grade II Places Grade III places Others 1 6000-10199 1.5% 1.5% 1 1 2 10200-18599 3% 3% 3 2 3 18600 and above 4% 4% 4 3 10(b). 10 (a) House Rent for others, the rent recovery is as follows: S.No. Pay rate Grade (a) and (b) places Grade II Places Grade III places Others 1 6000-10199 1.5% 1.5% 1 1 2 10200-18599 3% 3% 3 2 3 18600 and above 4% 4% 4 3 10(b). Considering the fact that the place of working falls under Grade II places and he is drawing the pay of Rs. 20340/-. The Rent recovery for the quarters attached to his post is fixed at 4% of Pay drawn by him in addition to forgoing HRA. 11. While things be so, it appears that the petitioner is using the tactics of submitting repeated representations to the Block Medical Officers all along his service in this station. He has been drawing House Rent allowances till date. Since no deductions of rent by way of either deducting HRA of HRA + 4% pay drawn by him has been made so far. Thus, the question of refund of HRA does not arise for consideration at all. 12. Moreover HRA is not a matter of right. It is in lieu of the accommodation not made available to the employee. Admittedly, Sub Rule 5 of Rule 45 of Fundamental Rule, an incumbent whether permanent or temporary of an appointment for whose benefit a house has been constructed, purchased or leased by Government will be held responsible for the prescribed rent during his tenure of the appointment. In this Rule the following exemption have also been made: (i) Whether an officer is holding as a temporary measure and appointment to which a Government residence is attached, in addition to his substantive appointment. (ii) When an officer is addition to the duties of such an appointment carries on the duties of another appointment which preclude him from occupying the house. (iii) When an officer is officiating in an appointment for a period not exceeding one month and does not with to occupy the house. (iv) When an officer is officiating in an appointment for a peirod not exceeding two months and the circumstances are such as to preclude him from occupying the house. (v) An officer who is merely discharging the current of routine duties of an appointment to which an officer residence is attached is not found to occupy it and should not be considered as incumbent of the appointment for the purpose of recovery of rent. 13. (v) An officer who is merely discharging the current of routine duties of an appointment to which an officer residence is attached is not found to occupy it and should not be considered as incumbent of the appointment for the purpose of recovery of rent. 13. But, in respect of the petitioner he has neither been deputed from any where nor given any additional charges. He has been working in this station, from 06.08.2009 to till date on transfer from ITI Dispensary, Konam. Hence, rent recovery to the quarters attached to his post and thus allotted to him should invariably be made without any deviation from 06.08.2009, the date of joining duty in this station on transfer and hence, the case of the petitioner does not fall under any exemption above. 14. G.O.Ms.No.490, dated 23.05.1983 P & AR (FR III) Department is not a acceptable one, since the said Government Order contains a notification of the following amendment: Amendment In the said Fundamental Rules, in rule 44, under the heading “instruction”, in instruction 4, after clause (b), the following Clause shall be added, namely: (c) When a Government Servant, occupying rent free quarters at the station at which he enters leave, vacates such Quarters, he shall be paid house rent allowance form the date of vacation of the Quarters at the rate otherwise admissible to him at the station, if admissible to him at the station, if rent-free quarters, had not been attached to that post. Since this amendment speaks about the Government Servant occupying rent free Quarters and vacating Quarters on entering leave, it is not in any way related to him as he has been provided with rented Quarters attached to his post and has to pay rent above and further he has not been availing any leave beyond 15 days during his service in this station. As such, this Government Order is absolutely not related his case. 15. Providing housing accommodation to employee by Government / Management / Organizations is part of welfare measures, extended to the employee under the Welfare Legislations. Rent free quarters and post- attached quarters are two different categories. While the former is also attached with the post of employment, however, no amount is levied from the employee for its occupation. 15. Providing housing accommodation to employee by Government / Management / Organizations is part of welfare measures, extended to the employee under the Welfare Legislations. Rent free quarters and post- attached quarters are two different categories. While the former is also attached with the post of employment, however, no amount is levied from the employee for its occupation. However, in the latter, the quarters is attached to the post, he has to pay rent for its occupation, as fixed in the schedule, annexed with, the rules framed therefore. 16. In certain category of quarters, the employee can seek exemptions from occupying the post attachment quarters on genuine reasons and there are many incidence of that kind is in vague. However, any unilateral actions of employee of non-occupation of post attached quarters will not exonerate him from deductions of HRA from his salary. 17(a). The Government of Tamil Nadu taking into consideration of necessity for providing Rural Health Care to people in living hamlet villages, hill stations and has taken note of the essential requirement of Medical / Para Medical Staff, posted in such places, have constructed the housing quarters as post attached quarters and also framed necessary rules and regulations therefor. 17(b) The primary object of providing post-attached quarters for these categories of public health sector employees ranging from qualified Medical Officer to Nursing Assistant is that as such any person appointed to the above posts should occupy the residential quarters attached to their posts for rendering their best service to the rural people. 17(c) In the absence of any order of exemptions, exempting him from occupation of posts -attached quarters, the employee cannot claim refund of HRA deducted from his salary on the ground of his unilateral action of his own decisions for non – occupying post attached quarters. 18. Similar view is expressed in the order passed in W.P.No. 6323 of 2010, which was filed by one S. Thamizh Selvi, Pharmacist Government Primary Health Centre, Melpennathur, Thiruvannamalai District and this Court has dismissed the similar petitions filed by the similar persons. 19. I am of the considered view that the order passed by the respondent concerned is sustainable in law, therefore, the Writ Petition is devoid of merits. 20. Accordingly, this Writ Petition is dismissed with cost of Rs.5,000/-. Consequently, connected Miscellaneous Petitions are closed. 21. The petitioner is directed to pay a sum of Rs. 19. I am of the considered view that the order passed by the respondent concerned is sustainable in law, therefore, the Writ Petition is devoid of merits. 20. Accordingly, this Writ Petition is dismissed with cost of Rs.5,000/-. Consequently, connected Miscellaneous Petitions are closed. 21. The petitioner is directed to pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as cost to the High Court Legal Services Committee attached to the Madurai Bench of Madras High Court, Madurai, within a period of eight weeks from the date of receipt of a copy of this order, failing which, the official respondent is directed to deduct the said amount from his salary and remit the same to the High Court Legal Service Committee attached to the Madurai Bench of Madras High Court, Madurai, within a period of eight weeks thereafter.” 5. The learned Special Government Pleader appearing for the Government drew our attention to the instructions issued by the Government under the Fundamental Rules in this regard. It reads as follows:- “(1) When a Government servant, who is provided by Government with a residence attached to the post held by him occupies, for his own convenience, an additional residence either at or outside the headquarters or occupies, accommodation at the headquarters in excess of that appropriate to his status, the standard rent as defined in rule 45-A III (b) or 10 per cent of salary or the concessional rate that may be applicable to him whichever is least, should be recovered for the residence attached to the post held by him. ...” 6. The question that calls for consideration is whether the appellant was obliged to occupy the quarters allotted to him. The appellant can be said to be under such an obligation, only if it is shown that the quarters is attached to the post held by the appellant. 7. We called upon the learned Special Government Pleader to produce any Government Order or even circular which obliges Pharmacists to reside in the quarters allotted to them. The appellant can be visited with adverse consequences for not occupying the allotted quarters only if it can be demonstrated that he was under an obligation to reside therein. 8. The learned Special Government Pleader states that inspite of diligent search, the officials concerned could not produce any such order. The appellant can be visited with adverse consequences for not occupying the allotted quarters only if it can be demonstrated that he was under an obligation to reside therein. 8. The learned Special Government Pleader states that inspite of diligent search, the officials concerned could not produce any such order. Therefore, we are unable to concur with the order passed by the learned single Judge that the appellant was duty bound to reside in the quarters allotted to him. Since the quarters in question cannot be said to be attached to the post held by the appellant, we have to necessarily interfere in favour of the appellant. In this view of the matter, the order impugned in the writ petition as well as the order passed by the learned single Judge are set aside. This writ appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed.