SHIVALINGAIAH Vs. SUPERINTENDENT ENGINEER ELECTRICAL AND CHAIRMAN K E B HOUSE ALLOTMENT COMMITTEE BANGALORE

JUDGEMENT

(1.) THE petitioner who is a Karnataka Electricity Board Employee has filed this writ petition seeking for issuance of a writ of certiorari to quash the notice dated 22-1-1998 Annexure-D and further sought for issuance of a writ of mandamus to the respondent to collect the normal rent as per the rules and further direction to the respondent to refund the penal rent recovered from the petitioner urging various facts and legal contentions.

(2.) THE petitioner is working as Junior Engineer (Electrical) at Banasavadi MUSS of the respondent-Board. He was allotted a quarters for his occupation and he has been residing in the said quarters along with his aged parents and two unemployed brothers and a son. On 26-6-1995 he has been transferred to Kaggalipura Section Office from Banasavadi office of the respondent-Board. It is his case that the quarters situated at Kaggalipura was not suitable for him and his family occupation. Therefore, he represented to the Assistant Executive Engineer vide his letter dated 8-2-1997 and also enclosed another letter to the Executive engineer, K. E. B. Rural Division, Bangalore South, K. R. Circle, Bangalore on 8-2-1997 requesting them to permit in the quarters till May 1998. The petitioner was informed vide letter dated 8-2-1997 issued by the Executive Engineer, K. E. B. Rural Division, Bangalore South refering to Paras 38. 01 and 38. 02 of the K. E. B. Accounts Manual, Volume I stating that he has failed to vacate the quarters allotted to him on his transfer, hence he is liable to pay penal rent at 20% of the gross salary for the period from February 1997 to April 1997 and 50% of the gross salary from May 1997 shall be recovered from him besides initiating disciplinary action against him as per the provisions of K. E. B. Employees (CDC and A) Regulations, 1987. The petitioner represented to his official superiors stating his difficulties for not occupying the quarters at kaggalipura and not vacating the quarters at Banasavadi. Therefore, he has submitted representation to the Assistant Executive Engineer, Rural Division, South vide his letter dated 20-9- 1997 and also addressed to the Executive Engineer, K. E. and, Rural Division South, giving 2 alternatives by him as per his letter stating that either he may be permitted to continue in the quarters at Banasavadi till May 1998 or transfer him to any place in Bangalore vide Annexure-B. In turn, the said Executive engineer addressed a letter to the Superintendent Engineer (Electrical), bangalore Circle-I, recommending the request of the petitioner to continue him in the residential quarters in Banasavadi at normal rent upto the end of the academic year vide Annexure-C.

(3.) WHEN the facts stood thus the petitioner has received a letter from the Chairman, House Allotment Committee who is also the Superintendent Engineer of Bangalore Circle-II, calling upon the petitioner to vacate the quarters immediately, failing which the disciplinary action as per K. E. B. Employees C. D. C. Regulations, 1987 will be initiated against him, besides imposing the penal rent as per the Board Rules. It is alleged in the petition by the petitioner that the Chairman of the House allotment Committee was biased towards the petitioner, therefore he has not considered the recommendations made by the Executive Engineer to him for continuing the petitioner in the premises till May 1998 and further stated though there are several precedents of not vacating the quarters by other similarly placed employees of the Board who have been continuing in occupation, against them either disciplinary action was taken or penal rent was recovered from them by the Board. He has given instances of such cases. Mr. Balakrishna, employee of the Board who has vacated the quarters after 7 years after he has retired from his services in the year 1990, no penal interest is recovered from him though he has called upon to do so, which was occupied by him during 1989. Similarly, another employer R. H. Lakshmipathy, J E O and M (3)was also transferred in the year 1990 continued to occupy the quarters of the Board without penal rent till 31-7-1997 vide Annexure-F. Whereas in the case of the petitioner, the respondent-Board recovered the penal rent as could be noticed from his salary slip for the month of December 1997 and January 1998 at the rate of 50% of the gross salary i. e. , 3,236/-per month. Therefore, it is contended that the action of the respondent is not only discriminatory in nature and also violative of Article 14 of the constitution of India, and the action of the respondent is not based on either Regulations or Rules of the Board which are required to be framed by the Board in exercise of its power under Section 79 (c) of the electricity Supply Act, 1948 (in short 'act, 1948' ). This legal ground is not urged in the petition but the learned Counsel at the time of advancing arguments has urged this legal ground. Therefore, the learned Counsel for the petitioner submits that the impugned notice issued by the respondent is without authority of law. Hence, the learned Counsel for the petitioner has prayed for grant of the reliefs prayed in this petition.