BRIJ LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was allotted Set No. 1/29 (Type -I). Petitioner submitted an application for allotment of Set No. 8/29 as a change. The application was allowed on 17.3.2010 vide Annexure P -3 strictly as per Rule 13(1) of the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994 (hereinafter referred to as the "Rules" for the sake of convenience). Set No. 8/29 was in possession of one Jagdish Chand, who was due to retire on 31.7.2010. He could retain the same for a period of four months, i.e. w.e.f. 1.8.2010 to 30.11.2010.

(2.) ACCORDING to the report received from H.P. Public Works Department, an expenditure of Rs. 35.45 lac was spent on all twelve sets of Block No. 29 towards additions/alterations. The work was completed on 31.1.2006. Area of Set No. 1/29 occupied by the petitioner increased from 474 sq. ft to 613 sq. ft. According to the guidelines/instruction issued by the State Government, the area of Type -I, II, and III government residential accommodations is as under: -

(3.) THE additions/alterations work in Block No. 29 was completed on 31.1.2006 and the decision was taken by the Department to recover the difference of licence fee in equal monthly installment of Rs. 500/ - from the petitioner and similarly situate persons. A sum of Rs. 3000/ - has been recovered from the salary of the petitioner w.e.f. February 2011 to November 2011. Since plinth area of all sets in Block No. 29 increased to different extent, the categorization was bound to change. The petitioner is entitled to only Type -I accommodation as per the Rules. The accommodation, which was allotted to him on 17.3.2010 after re -categorization fell in Type -III accommodation since plinth area of Set No. 8/29 increased from 474 sq. ft. to 817 sq. ft. The petitioner is entitled to change to Type -I accommodation only as per Rule 13(1) of the Rules. There is no illegality or arbitrariness in the letter dated 13.6.2011. The necessity for issuing Annexure P -6 arose due to re -categorization of the sets after plinth area increased. Since the petitioner is now occupying Type -II accommodation after re -categorization, he is bound to pay increased licence fee.