Dinesh Kumar T.K vs The Principal Chief Conservator ...
2022 Latest Caselaw 9190 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 19325 OF 2022
PETITIONER/S:

    1     MANOJ M.,
          AGED 38 YEARS
          S/O. MANIYAN A., K.I.P. QUARTER NO.I/G, H.S. JUNCTION,
          ADOOR P.O., PIN-691554.
    2     PRAKASH C.K.,
          AGED 46 YEARS
          S/O. P.K. KOCHUKUNJU, K.I.P. QUARTER NO.I/D, H.S.
          JUNCTION, ADOOR P.O., PIN-691554.
    3     ANILKUMAR R.,
          AGED 45 YEARS
          S/O. RAMAN A., K.I.P. QUARTER NO.I/A, H.S. JUNCTION,
          ADOOR P.O., PIN-691554.
    4     PRADEEP N.K.,
          AGED 46 YEARS
          S/O. V. KOCHUKUNJU, K.I.P. QUARTER NO.II/B, H.S.
          JUNCTION, ADOOR P.O., PIN-691554.
    5     JOHNSON P.P.,
          AGED 54 YEARS
          S/O. P.C. PETER, K.I.P. QUARTER NO.III/A, H.S.
          JUNCTION, ADOOR P.O., PIN-691554.
    6     JAYAPRAKASH S.,
          AGED 32 YEARS
          S/O. SOMARAJAN S., PIP QUARTERS, PIP COMPOUND,
          CHENGANNUR P.O., PIN-689121.
    7     VINODKUMAR T.,
          AGED 43 YEARS
          S/O. P.K. THANKAPPAN, PIP QUARTERS, PIP COMPOUND,
          ERAVIPEROOR P.O., PIN-689542.
          BY ADV RINNY STEPHEN CHAMAPARAMPIL


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     THE SECRETARY TO THE GOVERNMENT,
          WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    3     THE CHIEF ENGINEER (IRRIGATION AND ADMINISTRATION),
          OFFICE OF THE CHIEF ENGINEER, IRRIGATION DEPARTMENT,
 WP(C) NO. 19325 OF 2022
                                 2

            PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-
            695033.
    4       THE CHIEF ENGINEER (PROJECTS II),
            OFFICE OF THE CHIEF ENGINEER, IRRIGATION
            DEPARTMENT, PUBLIC OFFICE BUILDING,
            THIRUVANANTHAPURAM-695033.
    5       THE EXECUTIVE ENGINEER,
            KALLADA IRRIGATION PROJECT (L.B.), DIVISION NO.5,
            KOLLAM-691308.
    6       THE EXECUTIVE ENGINEER,
            MINOR IRRIGATION DEPARTMENT, CHENGANNUR P.O.,
            ALAPPUZHA-689121.
    7       THE EXECUTIVE ENGINEER,
            KALLADA IRRIGATION PROJECT (RB), DIVISION NO.
            II., KOTTARAKKARA-691308.
    8       THE EXECUTIVE ENGINEER,
            PAMBA IRRIGATION PROJECT, SUB DIVISION OFFICE,
            CHENGANNUR-689672.
    9       THE ASSISTANT EXECUTIVE ENGINEER (O &M),
            KALLADA IRRIGATION PROJECT, SUB DIVISION OFFICE
            NO. I, ADOOR-691554.
   10       THE ASSISTANT EXECUTIVE ENGINEER,
            PAMBA IRRIGATION PROJECT, SUB DIVISION OFFICE,
            CHENGANNUR-689121.
   11       THE ASSISTANT EXECUTIVE ENGINEER,
            MINOR IRRIGATION SUB DIVISION OFFICE, CHENGANNUR-
            689121.
     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   10.08.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 19325 OF 2022
                                   3

                   JUDGMENT

Dated this the 10th day of August, 2022

Petitioners 1 to 5 are occupants of project quarters of

Kallada Irrigation Project and petitioners 6 and 7, are the

occupants of project quarters of the Pamba Irrigation

Project. Most of the petitioners are working in Government

Departments other than Irrigation Department. The

irrigation department is permitting employees of other

departments also to occupy its project quarters on

payment of rent. The petitioners grievance is regarding

the higher rent collected from them, contrary to the extant

Government orders. They also allege that the respondents

are discriminating between the occupants of quarters on

the left and right banks of Kallada Irrigation Project.

2. Learned Counsel for the petitioners referred to

Ext.P6 Government Order which provides for permitted

project staff to occupy the quarters in accordance with the

specifications in the pay revision orders. Attention is also

drawn to Ext.P9 extract of the 11th pay revision WP(C) NO. 19325 OF 2022

commission, which reads as under;

Rent Recovery 8.18 Rent recovery is the levy from the employees who are occupying government quarters. The employees in the scale of pay of Rs.35700-75600 and above, have to pay 2% of the basic pay as rent. The employees in the scales of pay of Rs.32300 - 68700 are exempted from payment of rent. The Commission does not suggest any changes in the existing system, and hence recommends for Rent Recovery at the following rates in the new scales.

                Range                                Rate
Those who are in the scale of pay up to           No recovery
45600-95600
Those who are in the scale of and above          2% of basic pay
50200 - 105300

In the case of employees who do not come under the State Government scales of pay (e.g. All India Service Officers, those on UGC/AICTE/NJPC Scale), rent recovery wqill be 2% of Basic Pay.

3. It is contended that the petitioners are being

compelled to pay much higher rent than what is stipulated

in Ext.P9. Highlighting their grievance and seeking

implementation of a uniform rent policy, petitioners have

submitted Exts.P12 and P14 representations.

4. Learned Counsel submits that for the time being, WP(C) NO. 19325 OF 2022

the petitioners will be satisfied with a direction to the

second respondent to consider the representations,

provided the decision is taken after adverting to the

relevant Government orders.

5. Learned Special Government Pleader submitted

that no discrimination is being meted out to the petitioners

and the petitioners have no legal right to demand that they

should be permitted to occupy the quarters or that only

specified amount of rent should be collected from them.

6. After hearing the learned Counsel on either side,

I am of opinion that the grievance is voiced by the

petitioners through their representations, need to be

addressed at the earliest. This conclusion is reached based

on Ext.P8 Government order as also the statement of the

7th respondent, the relevant portion of which is extracted

hereunder:-

If the vacant quarters are allotted to the Irrigation Staff or other Department Staff, it is directed to remit the amount of HRA directly by occupants to the Head of Account 0700 - 27 - 800 - 98 and Challan should be WP(C) NO. 19325 OF 2022

submitted to this office. If higher type of quarters is allotted than eligible one, 1% basic pay is also charged.

It is submitted that no rent recovery is affected from the employees who are in the scale of pay upto 45600 - 95600. Those who are in the scale of pay of Rs.50,200 - 1,05,300 and above, 2% of basic pay is charged as rent. But these categories are not eligible for HRA as they are occupying Government Quarters.

This Writ Petition is accordingly disposed of, directing

the second respondent to consider Exts.P12 and P14

representations and to take appropriate decision thereon,

after affording an opportunity of hearing to a

representative of the petitioners. While effecting such

consideration, the second respondent shall specifically

advert to Ext.P8 Government order and relevant portion of

Ext.P9 pay revision commission recommendation extracted

above. The decision shall be taken within two months of

receipt of a copy of this judgment.

Sd/-

V.G.ARUN, JUDGE RK WP(C) NO. 19325 OF 2022

APPENDIX OF WP(C) 19325/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER NO. E4-86/2013 (QTR-ADR) DATED 16/12/2017 ISSUED BY THE 7TH RESPONDENT.

Exhibit P2 A TRUE COPY OF ORDER NO. E4-86/2013 DATED 20/03/2015 ISSUED BY THE 7TH RESPONDENT.

Exhibit P3 A TRUE COPY OF ORDER NO. E2(E4-86/2013 (QTR-ADR) DATED 24/12/2018 BY 7TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE ORDER NO. E4-86/2013 DATED 20/06/2017 ISSUED BY THE 7TH RESPONDENT.

Exhibit P5 A TRUE COPY OF ORDER NO. E4-86/2013 DATED 23/10/2017 ISSUED BY THE 7TH RESPONDENT.

Exhibit P6 A TRUE COPY OF ORDER NO. A1-376/2006 DATED 22/02/2022 ISSUED BY THE 11TH RESPONDENT.

Exhibit P7 PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE KIP QUARTERS ALLOTTED TO PETITIONERS NOS. 1 TO 5.

Exhibit P8 A TRUE COPY OF THE LETTER NO. G AND P 3/369/2017 DATED 09/10/2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE 11TH PAY REVISION COMMISSION RECOMMENDATION AS NOTIFIED VIDE GO (P) NO.27/2021/FIND DATED 10/02/2021. Exhibit P10 A TRUE COPY OF THE APPLICATION SUBMITTED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICER OF KIP (LB) DIVISION NO. 5 KOLLAM.

Exhibit P11 A TRUE COPY OF THE REPLY DATED 01/02/2022 ISSUED BY PUBLIC INFORMATION OFFICER OF KIP (LB) DIVISION NO.5, KOLLAM.

WP(C) NO. 19325 OF 2022

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 27/03/2021 SUBMITTED BY PETITIONERS 5 TO 7 BEFORE THE 1ST RESPONDENT.

Exhibit P13 A TRUE COPY OF THE REPRESENTATION DATED 17/11/2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED 19/04/2021 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT ANNEXURES ANNEXURE R7(a) A TRUE COPY OF THE ALLOTMENT OF THE PETITIONERS 1 TO 5 IN RESPECT OF KIP QUARTERS,ADOOR.

ANNEXURE R7(b) A TRUE COPY OF THE LETTER NO.16248/ISWC-1/2009/WRD DATED 21.01.2010, THE ADDITIONAL CHIEF SECRETARY, ISWC DEPARTMENT OF KERALA INTIMATED TO THE CHIEF ENGINEER, PROJECT II, THIRUVANANTHAPURAM ANNEXURE R7(c) A TRUE COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER, VIDE G.O[P] No.27/2021/Fin. DATED 10.02.2021 PETITIONER EXHIBITS Exhibit P15 A TRUE COPY OF THE REPRESENTATION DATED 22/06/2020 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 7TH RESPONDENT. Exhibit P16 A TRUE COPY OF THE REPRESENTATION DATED 06/10/2020 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 7TH RESPONDENT Exhibit P17 A TRUE COPY OF RTI APPLICATION DATED 07/02/2022 SUBMITTED BEFORE THE 7TH RESPONDENT.

Exhibit P18 A TRUE COPY OF THE REPLY DATED 19/03/2022 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 7TH RESPONDENT.