UNION OF INDIA Vs. S. DEIVAKUMARI

JUDGEMENT

(1.) THE first respondent/applicant, being aggrieved by order dated 12.03.2012 passed by the first petitioner herein and order dated 04.04.2012 and memo dated 19.04.2012 passed by the second petitioner herein, wherein, recovery of damage rent and water charges to the tune of Rs.6,08,606/ - on the basis of unauthorised occupation of staff quarters for the period from 26.03.1992 to 24.11.2011 was ordered, preferred an Original Application before the Madras Bench of the Central Administrative Tribunal (the Tribunal for short). Besides, she sought a direction to the respondents therein to settle death gratuity and all service benefits of her husband with 12% interest and to appoint her on compassionate ground. She further sought refund of the amount of H.R.A. and C.C.A. and standard licence fee recovered from her husband's pay for the period from 01.06.1994 till his death, i.e., 05.07.2011, with 36% interest p.a. and penal interest at the rate of 12%. In addition, she sought a further direction to the respondents to refund the withheld amount of irregular payment of H.R.A, Rs.21,584/ - payable to her mother -in -law towards pension arrears and Rs.46,379/ - towards arrears of pay due to VI Pay Commission orders with interest at the rate of 36% p.a. and penal interest at the rate of 12%, to her.

(2.) THE facts of the case, in nutshell, are that the father -in -law of the first respondent/applicant, viz., Deenadayalan, while working as L.S.G. Postal Assistant in the Postal Department, died in harness on 25.11.1991. The quarter in question at Mylapore was allotted to him. After his demise, the widow of the said Deenadayalan and his son D. Sriramkumar, who is the husband of the first respondent/applicant, continued to live in the said house without any objection. Thereafter, the husband of the first respondent/applicant was appointed on compassionate ground and H.R.A. and Standard Licence Fee was deducted from his salary. The said D. Sriramkumar also died in harness on 15.07.2011. Thereafter, despite repeated requests made by the first respondent/applicant for death gratuity and other benefits, no relief was granted, except provisional family pension till December 2011. When the first respondent/applicant was asked to pay damage rent and also water charges to the tune of Rs.6,08,606/ -, being aggrieved by the same, she preferred the Original Application, being O.A. No. 559 of 2012 before the Tribunal, seeking the afore -stated reliefs.

(3.) THE Tribunal, having examined all aspects of the matter, came to the conclusion that the first respondent/applicant, with her late husband, who was an employee of the appellant Department, was permitted to retain the quarters till 24.11.2011 and for the said period, House Rent Allowance to the tune of Rs.57,900/ -, which was initially paid, was subsequently recovered from him in instalments. Thus, for the said quarter occupied by first respondent/applicant and her family, House Rent Allowance was deducted from the salary of the first respondent/applicant's husband. Several cases of irregularities, in the meantime, were lodged against the first respondent/applicant's husband, which came to be closed on account of his death.