Madras High Court
D.Aldrin Wilson vs The Secretary To Government on 12 November, 2021
W.P(MD)No.7825 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2021
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
W.P(MD) No.7825 of 2020
and
W.M.P(MD)Nos.7303 & 9773 of 2020 and 5047 of 2021
D.Aldrin Wilson,
Office Manager,
S/o Dhanaraj,
Government Industrial Training Institute,
Dindigul. Petitioner
Vs.
1.The Secretary to Government,
Labour and Employment Department,
Secretariat,
Chennai – 9.
2.The Director,
Labour and Employment Department,
Guindy,
Chennai – 32.
3.The Principal,
Government Industrial Training Institute,
Dindigul. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorari, calling for the records
1/9
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
connected with the impugned order of recovery passed by the third
respondent in Na.Ka.No.1847/A/2013, dated 29.06.2020, quash the same
in the light of the letter of the first respondent in Lr.No.30378/p2/2014-1,
dated 20.01.2015 and to extend the benefit of G.O.Ms.No.226, Labour
and Employment Department, dated 22.11.2019 and in the light of the
judgment of this Court in W.A.(MD) No.113 of 2011, dated 09.12.2015
filed by similarly placed Radhamani Thangathci, Office Manager,
Industrial Training Institute, Tirunelveli.
For Petitioner :Mr.T.Ravichandran
For Respondents :Mr.R.Suresh Kumar
Government Advocate (Civil)
ORDER
This writ petition is filed challenging the impugned order of
recovery of rent for occupation of Government quarters for the period
from 09.04.2019 to June 2020, passed by the third respondent in
Na.Ka.No.1847/A/2013, dated 29.06.2020. By the impugned order, the
third respondent has claimed the rent for the Government quarters from
the petitioner from 09.04.2019 to 31.07.2020.
2.The petitioner is working as Office Manager in the
Government Industrial Training Institute at Dindigul and he has been
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
transferred from Industrial Training Institute, Trichy to the third
respondent Institute in the month of January 2017. He was relieved from
the Industrial Training Institute, Trichy on 30.11.2017 and he joined duty
at the third respondent office on 01.12.2017. 'C' type quarters fell vacant
on 01.03.2018. 'C' type quarters is for the post of office managers and
therefore he was directed to occupy the said quarters. The petitioner, by a
representation dated 01.03.2018 has expressed his unwillingness to
occupy the quarters offered and therefore, the quarters was offered to
other staff members and no staff members have come forward to accept
the said quarters.
3.The learned counsel for the petitioner would submit that
the petitioner's wife is having a house within 8 kms from his office and
therefore, he was unwilling to occupy the quarters. He would further
submit that since the quarters have been constructed in the year 1966 and
the same is in a dilapidated condition and not in a position to occupy.
Eventhough, the respondent has offered the quarters to to other staffs,
nobody is willing to occupy the quarters. The learned counsel for the
petitioner relied on similar order passed by this Court in W.A(MD) No.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
113 of 2011 and the clarifications issued by the Secretary to Government,
Labour and Employment Department letter dated 20.01.2015 in support
of his contentions.
4.The learned Government Advocate appearing for the
respondents would submit that as per Rule 45(5) of Fundamental Rules
of the Tamil Nadu Government, the incumbent of the post, for whose
benefit the house has been constructed or purchased or leased out by the
government, under the conditions specified in paragraph 265 and 266 of
Tamil Nadu Public Works Department Code will be held responsible for
the prescribed rent during his tenure of the appointment and therefore the
impugned order has been passed as per Rule 45 (5) of Fundamental Rule.
5.This Court heard the rival submissions made by either side
counsel.
6.Admittedly, this petitioner was relieved from duty from
Industrial Training Institute, Trichy on 30.11.2017 and he joined duty at
the third respondent office on 01.12.2017. The quarters fell vacant on
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
01.03.2018. The petitioner by his representation dated 01.03.2018 had
expressed his unwillingness to occupy the quarters. Therefore, the
quarters was also offered to other staff members and all other staff
members also not willing to occupy the quarters and therefore, the
quarters remained vacant. By referring Rule 45(5) of Fundamental Rules
of Tamil Nadu Government, the respondent has issued the impugned
notification. The Secretary to Government Labour and Employment
Department, by its letter dated 20.01.2015, had issued clarification with
regard to the allotment of quarters on a similarly placed employee from
Chengalpat and the allocation of Government quarters cannot be given, if
the individual had a residence within 8 kms at Municipality or 16 kms at
Corporation limit.
7.This petitioner claims that his wife is having house within
8 kms from the respondent office and therefore, there is no need to
occupy the quarters and he has also submitted a representation on
01.03.2018, on the day of when the quarters fell vacant. More over, the
said quarters was constructed in the year 1966 and vide G.O.Ms.No.226,
Labour and Employment Department, similar such buildings which were
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
constructed in the year 1966 in the Industrial Training Institute at
Ambattur, Paramakudi, Pettai, Tirunelveli and Vellore, which were
constructed 50 years ago and they were unfit for human habitat and the
officers were exempted from paying rent in those cases. This building
was also constructed 54 years ago and also in a dilapidated condition.
The petitioner has also submitted certain photographs of the quarters
before this Court and this Court is satisfied that the building is not in
good condition and not suitable for human habitation. More over, he is
having a residence within 8 kms from the respondent office and
therefore, as per the clarification of the Secretary to Government, Labour
and Employment Department letter dated 20.01.2015, he need not be
compelled to occupy the Government quarters. In a similar such case, the
Division Bench of this Court in W.A.(MD) No.113 of 2011 has held that
the appellant cannot be compelled to pay the rent of the quarters, even
though she has not occupied the same.
8. In view of the aforesaid order passed by this Court in
W.A.(MD) No.113 of 2011 and the clarification of the second respondent
regarding the allotment of Government quarters in letter No.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
30738/B2/2014, dated, 20.01.2015 and also considering the condition of
the building, the impugned order of recovery of rent for occupation of
Government quarters, passed by the third respondent in Na.Ka.No.
1847/A/2013, dated 29.06.2020 is hereby quashed. The Writ Petition is
allowed. No Costs. Consequently, connected Miscellaneous Petitions are
closed.
12.11.2021
Index : Yes/No
Internet : Yes/No
vrn
Note:
In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
To
1.The Secretary to Government,
Labour and Employment Department,
Secretariat,
Chennai – 9.
2.The Director,
Labour and Employment Department,
Guindy,
Chennai – 32.
3.The Principal,
Government Industrial Training Institute,
Dindigul.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.7825 of 2020
B.PUGALENDHI, J
vrn
Order made in
W.P(MD) No.7825 of 2020
and
W.M.P(MD)Nos.7303 & 9773 of 2020 and 5047 of 2021
12.11.2021
https://www.mhc.tn.gov.in/judis
