DIVISIONAL FOREST OFFICER Vs. SARANGADHAR RAUT

JUDGEMENT

(1.) This appeal is directed against the judgment of the District Forum, Dhenkanal in C. D. Case No.109 of 1994. The opposite party in the said case is the appellant. The present respondent as complainant filed the aforesaid case before the District Forum challenging that there has been deficiency in service on the part of the present appellant and prayed for various directions to be issued against him including the relief of compensation of Rs.10,000/- for his mental agony and harassment.

(2.) The facts relevant for the purpose of this case are that he is an employee of the Forest Department working as a Forest Guard under the control of the Divisional Forest Officer who has been arrayed as opposite party. He was allotted a quarter at the Forest colony near Range Office, Dhenkanal. He was transferred to Meramundali Forest Beat under Dhenkanal Division and accordingly he joined at Meramundali on 17.6.92. On 25.8.92 he received a letter from the A. C. F. Dhenkanal Range for vacating the house occupied by him. According to the complainant, he had domestic difficulties for immediately vacating the house because of his handicapped daughter and school going children. He could not vacate the quarter as a consequence of which on the direction of the opposite party a sum of Rs.400/- is being deducted from his salary per month with effect from the month of September, 1992 till vacation of the quarter. He prayed before the District Forum to direct the opposite party not to evict him from the quarter and not to deduct Rs.400/- per month at a flat rate but to take rent at the rate permissible under the rules. He has claimed for a compensation of Rs.10,000/- as aforesaid.

(3.) The present appellant filed a show cause stating that the complainant is not entitled to any of the reliefs prayed for. The allotment of a Government quarter is not disputed by the present appellant. But it has been stated that he was transferred to Meramundali on 1.6.92. Referring to Government Servants' Service Rules it was stated by the present appellant that the complainant was to retain the official quarter after transfer only for two months and for that reason he was allowed to stay in that quarter for two months after he was transferred. He was required to vacate the quarter as per the rules, but since he did not do so, it was decided that he was to pay a flat rate of rent of Rs.400/- per month and no illegality had been committed.