APPAIL SATYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole question which arises for consideration in this writ petition is as to whether imposition of penal rent upon the petitioner for not vacating the quarter allotted to him is legal.

(2.) The petitioner was posted at Rajam as Head Draftsman Grade II and was allotted a Government B-2 quarter. He occupied the said quarter from 14-7-1986. The rent for the said quarter was fixed at Rs. 280.00p.m. He was not paid any house rent allowance. He was transferred to Parvathipuram and said order of transfer was the subject matter of an application before the Andhra Pradesh Administrative Tribunal. An orde of status quo was passed but allegedly it was not implemented and'he was finally relieved on 27-6-1993.

(3.) For alleged occupation of the said quarter illegally a penal rent of Rs, 1,590/- p.m. was imposed upon him. The petitioner approached the Lok Ayukta who had asked him to vacate the quarter but he did not do so. According to the petitioner as he had not beep paid his house rent allowance which should come to Rs. 360.00 p.m. and having regard to the fact that the standard rent of the said quarter was fixed at Rs. 280.00, the imposition of penal rent at Rs. 1,590.00 was illegal. The learned Tribunal dismissed the said application stating that the petitioner was an encroacher of the Government quarter at Rajam and was occupying the same without any authority whatsoever.