KRISHAN LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This is a regular second appeal preferred by the PlaintiffAppellant against the judgment dated 26.4.2010, passed by Ms. Raj Rahul Garg, Additional District Judge, Hisar.

(2.) The challenge in the suit by the Plaintiff is to order dated 8.11.2006 passed by Defendant No. 3, vide which an amount of Rs. 34,500/- has been demanded as penal rent.

(3.) Briefly stated, the case of the Plaintiff is that he joined the services with Defendant State on 8.8.1966 and remained posted at Hisar as well as, Jhajjar till his retirement on 31.5.2006. The Plaintiff served the Defendants honestly and sincerely and there had been no complaint of any kind against him during the entire service career. In the year 2000, the Plaintiff was transferred to District Jhajjar and then Hisar and he remained posted there w.e.f. 1.3.2000 to 31.12.2000. At the time of his transfer the Plaintiff was having Government accommodation situated in the premises of Defendant No. 3. As per Government rule, an employee can retain the Government accommodation at transferee station for a period of four months from the date of transfer and thereafter, he is liable to pay the penal rent as per prevailing rules. After order of transfer of Plaintiff, the Plaintiff requested the Defendants to retain the aforesaid Government accommodation till 31.8.2000 on the ground that his son Jitender Kumar was getting training from All India Council of Pharmacy at General Hospital, Hisar. Defendants kept the matter pending till 20.12.2000 and vide order of that date, Defendant No. 3 allowed the Plaintiff to retain the aforesaid accommodation till 30.6.2000 and ordered for recovery of penal rent from 1.7.2000. Against the order dated 20.12.2000 of Defendant No. 3, the Plaintiff submitted his representation before Defendant No. 3 and requested him to withdraw the same, upon which on the basis of endorsement dated 13.2.2001, Defendant No. 3 passed an order dated 10.4.2001 re-allotting the aforesaid quarter to the Plaintiff w.e.f. 8.1.2001. On the representation of the Plaintiff qua illegal demand of penal rent, Defendant kept the matter pending for about three years and on 28.3.2003, Defendant No. 2 asked Defendant No. 3 to send the details of recovery.