S SUBRAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is filed against the order passed by a learned single Judge of this Court dated 10.11.2010 made in W.P. No: 3633 of 2005 dismissing the writ petition filed by the appellant praying for issuance of a writ of certiorarified mandamus to call for the records relating to the letter bearing ref. No: 35939/H2/2004 -2 dated 29.12.2004 issued by the 1st respondent read with Letter cbrbgh/bj/nk -nfh/6 dated 11.01.2005 issued by the 2nd respondent, quash the same as being illegal, arbitrary and unconsitutional and consequently, direct the respondents to permit the petitioner to retain the quarters until 30.05.2005.

(2.) THE case of the writ petitioner before the learned single Judge is stated hereunder :

(3.) THE 1st respondent herein, namely the Special Secretary to Government, Public Works Department, Government of Tamil Nadu, filed counter affidavit before the learned single Judge and contended that as per G.O. Ms. No: 963, Public Works Department dated 14.05.1987 as well as the condition stipulated in the allotment order issued to the petitioner, he is not eligible to retain the quarters after his transfer to Madurai. It is the case of the 1st respondent before the learned single Judge that as per para 34 of G.O. Ms.No: 963, PWD dated 14.05.1987, the Government servants, who were transferred from Chennai to outstation after the first of September, if they have School / College going children residing with them, may be permitted to retain the Government quarters till the end of the academic year i.e. 30th April, subject to the penal rate of rent. According to the respondent, since the petitioner was transferred during July 2004, the above said concession is not available to him and that the request of the petitioner could not be complied with because there is no provision under the existing set of Rules permitting the petitioner to retain the quarters even after the joining duty at Madurai on transfer. According to the 1st respondent, since the petitioner was transferred in July 2014, no concession could be given to him and this Court must direct him to pay the penal rent around Rs.1,200/ - per month till the date of vacation of the premises. The learned single Judge, after considering the rival submissions, passed the following order :