IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 23-07-2009 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 M.P.No.1 of 2008 in W.P.Nos.12602 and 12612 of 2008 M.P.No.2 of 2008 in W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 A.Dhanabal ..Petitioner in WP.7314/08 N.Jeevanantham ..Petitioner in WP.7315/08 Perumal ..Petitioner in WP.7316/08 Jamin mani ..Petitioner in WP.7317/08 R.Govindan ..Petitioner in WP.7318/08 E.Subramaniam ..Petitioner in WP.7319/08 T.Mohan ..Petitioner in WP.7320/08 S.Palanisamy ..Petitioner in WP.8426/08 A.Loganathan ..Petitioner in WP.9423/08 K.Varatharajan ..Petitioner in WP.9424/08 K.Subramanian ..Petitioner in WP.9425/08 Chinnadurai ..Petitioner in WP.8275/08 Arjunan ..Petitioner in WP.8276/08 M.Mahendran ..Petitioner in WP.8277/08 K.Duraisamy ..Petitioner in WP.8278/08 Sampath ..Petitioner in WP.8789/08 A.Palanisamy ..Petitioner in WP.8790/08 Sundaram ..Petitioner in WP.12602/08 B.Mohan ..Petitioner in WP.12612/08 K.Jeyaraman ..Petitioner in WP.14191/08 S.Natarajan ..Petitioner in WP.13246/08 Thangavel ..Petitioner in WP.13247/08 Versus The Superintendent of Police, Namakkal District ... Respondent in all WPs. Writ Petition Nos.7314 of 2008 etc., are filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorarified Mandamus, to call for the records relating to the impugned order passed by the Respondent vide his office proceedings No.739/2007 (WP.7314 to 7320, 8426, 8275 to 8278, 8789, 8790, 12602, 12612, 14191), 740 (WP.9423 to 9425, 13246/08), 720 (WP.13247/08) in https://hcservices.ecourts.gov.in/hcservices/ Na.Ka.No.P6/2108/2006 dated 28.12.2007 (WP.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246/08), 07.12.07 (WP.13247/08) and quash the same as far as the petitioner is concerned and consequently direct the respondent to repay the amount which was deducted from petitioner's salary in the month of January and February 2008 (WP.7314 to 7320, 9424, 8276/08) January 2008 (WP.12602, 12612, 14191, 13246, 13247/08) January to March 2008 (WP.8426, 9423, 9425, 8275, 8277, 8278, 8789 & 8790/08) For Petitioner : Mr.I.C.Vasudevan in all WPs. For Respondent : Mr.T.Seenivasan Additional Government Pleader in all WPs. C O M M O N O R D E R The Writ Petition No.7314 of 2008 is filed praying to issue a writ of certiorarified Mandamus, to call for the records relating to the impugned order passed by the Respondent vide his office proceedings No.739/2007 in Na.Ka.No.P6/2108/2006 dated 28.12.2007 and quash the same as far as the petitioner is concerned and consequently direct the respondent to repay the amount which was deducted from petitioner's salary in the month of January and February 2008. The petitioners in these cases are aggrieved by the order demanding penal rent for occupying the quarters after transfer. 2. All the above Writ Petitions have been filed by police personnel serving in the District of Namakkal seeking same relief against similar orders issued on different dates and therefore, are taken together and disposed of by this common order. 3. As stated in the affidavit by each one of the petitioners, they have been allotted Government Quarters consequent to their posting and service in the Namakkal District. The petitioners while serving within the Namakkal District were visited with orders demanding Penal Rent in terms of G.O.Ms.No.568 Home (Police X) Department dated 31.05.2000. In the impugned order it has been stated that the Field Workers of the Police Department working in Namakkal District even after being transferred to other police stations are continuing to occupy the Government Quarters and therefore, they have to suffer Penal Rent as per the aforesaid G.O.Ms.No.568 dated 31.05.2000. Aggrieved thereby, the present Writ Petitions are filed. 4. The primary contention on behalf of the petitioners is that so long as a petitioners are transferred within the same district and serving in other stations within 30 kms from the place of earlier posting, they will be entitled to occupy the Government Quarters already occupied by them. In all these cases, it is claimed that the https://hcservices.ecourts.gov.in/hcservices/ petitioners in each one of the cases are serving within 30 kms from the place of previous posting except for a brief period. Therefore, they claim that they are entitled to occupy the Government Quarters in accordance with the G.O.Ms.No.375 dated 06.09.2000. In the impugned order certain dates are referred to in the Annexure, which is referable to overstay. It is not clear as to how each one of the petitioner has violated the G.O.Ms.No.375 dated 6.9.2000 whereby the penal rent in terms of G.O.Ms.No.568 dated 31.5.2000 is demanded. 5. In the present cases the impugned order refers to G.O.Ms.No.568 dated 31.05.2000. In the order, there is no specific detail that the petitioner has been transferred and posted beyond 30 kms from the place of previous service. The G.O.Ms.No.568 dated 31.05.2000 was called for by the Additional Government Pleader, Mr.T.Seenivasan and produced before this Court and on going through the Government Order, it refers to G.O.Ms.No.950 dated 29.06.1993 whereby the Government has prescribed certain rates for recovery of Penal Rent from persons who overstay in the Government Quarters. The penal rent leviable is modified in the G.O.Ms.No.568 dated 31.05.2000. 6. In order to attract G.O.Ms.No.950 dated 29.06.1993 as amended by G.O.Ms.No.568 dated 31.05.2000, the petitioner should have overstayed in the Government Quarters. The impugned order is vague and bereft of details on this issue. The order is a non-speaking order and without proper details to show that the petitioner in each of the cases has overstayed. No material is placed before this Court to state that the petitioner/employee has to stay in the Quarters only for a specified period. It is not disputed that the G.O.Ms.No.375 dated 06.09.2000 is applicable to the case of the petitioners so long as the petitioners serve in the same district and within 30 Kms distance specified therein. In such an event, the benefit of the G.O.Ms.No.375 will enure to the petitioners. In the absence of specific ground or charge in the impugned order that the petitioners have overstayed, the demand for penal rent cannot be sustained. 7. By a general Omni Bus order issued to all the petitioners by changing of date alone, the respondents cannot demand penal rent by invoking G.O.Ms.No.950 dated 29.06.1993 as amended by G.O.Ms.No.568 dated 31.05.2000. There should be details supported by reasons in each proceedings before penal rent is demanded and an order is issued for recovery. In these cases there is some material to suggest that petitioners overstayed during certain period, but the same is vague and not properly set out. The details have to be spelt out clearly. Further, the implication of G.O.Ms.No.375 dated 6.9.2000 has not been considered. Hence, the entire issue requires reconsideration on merits as there is no proper application of mind before passing the order of recovery. https://hcservices.ecourts.gov.in/hcservices/ 8. In view of the above, the demand for Penal Rent cannot be sustained as it is bereft of appropriate details and reasons. It has been issued without taking into consideration the benefit given to the petitioner in G.O.Ms.No.375 dated 06.09.2000. Hence the impugned order demanding Penal Rent has to be set aside and is accordingly set aside. 9. The respondent department has to however, consider each case independently, and issue fresh order on merits with reason for demand of penal rent. The writ petitions are ordered as above. Consequently, connected miscellaneous petitions are closed. No Costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ars/gv/ts To The Superintendent of Police, Namakkal District. 1 cc To The Government Pleader, SR.34259. W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 M.P.Nos. 1 of 2008 in W.P.Nos.12602 and 12612 of 2008 M.P.Nos.2 of 2008 in W.P.Nos.7314 to 7320, 8426, 9423 to 9425, 8275 to 8278, 8789, 8790, 12602, 12612, 14191, 13246 and 13247 of 2008 CK(CO) RVL 25.08.2009 https://hcservices.ecourts.gov.in/hcservices/