IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 4380 of 2008 Between: K.Mashanna S/o.K.Sayanna R/o.CISF Quarter No.1068, A-Type BDL Bhanoor, Medak District ..... PETITIONER AND 1 The Dy.Commandant, Central Industrial Security Force (CISF), Unit, BDL, Bhanoor, Medak District. 2 The Commandant, Central Industrial Security Force (CISF) Unit, Nazira, Shiva Sagar District, Assam State. 3 The Estate officer, BDL, Bhanoor Medak District 4 The Commandant, Central Industrial Security Force (CISF), Unit, DSP ,Durgapur, Vardhaman District, West Bengal State 5 The Union of India., rep.by its Director General Central Industrial Security Force(CISF), Force head Quarters .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ declaring the action of the 1st respondent in ordering recovery of 39,015/- towards rent in spite of petitioner is entitled for rent with free accommodation vide Proceedings No.C-1108/CISF/BDL(B)/QM/ELE- REC/2007/37 dated 4.1.2008 and proceedings No.C- 1108/CISF/BDL(B)/QM/Rent/2008 dated 23.1.2008 of the 1st respondent which is based on the proceedings No.A- 42099/Girev/22/Adm/2001/196 dated 14.2.2003 of the 5th respondent is illegal, arbitrary, and violative of Art.14&16 of the Constitution of India and consequently direct the respondents to pay the arrears of salary from the month of September 2003 to May 2004 or alternatively direct the respondents to pay the double HRA for the period of service in the North Eastern Regionat Nazira after deducting 39,015/- and arrears of salary from September 2003 to May 2004 . Counsel for the Petitioner: MR.J.M.NAIDU Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: ORDER: The petitioner is employed as a Head Constable in Central Industrial Security Force (CISF) unit. With effect from 14.10.1996, he worked in C.I.S.F. unit at Bharat Dynamics Limited, Bhanur and was allotted Government accommodation. Subsequently, he was transferred to different places. He did not vacate the Government quarter. Initially, a sum of Rs.73,810/- was determined as penal rent. On a representation made by the petitioner, the amount was reduced to Rs.39,015/-, vide proceedings, dated 27.09.2003. When steps for recovering this amount were initiated, the petitioner is said to have approached the Calcutta High Court by filing a writ petition. No interim orders were said to have been granted in that writ petition, as yet. The respondents issued Office Order, dated 04.01.2008, proposing to recover the amount of Rs.39,015/- from the salary of the petitioner at the rate of Rs.2525/- per month from January, 2008 onwards. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is not in dispute that the petitioner did not vacate the Government quarter, even after he was transferred to different places. Though a sum of Rs.73,810/- was determined as penal rent, recovery was restricted to Rs.39,015/-. When steps were initiated, the petitioner moved the Calcutta High Court by pleading that he is entitled to be paid double H.R.A. for certain period and if adjustment is made, nothing would remain to be recovered from him. Admittedly, no interim orders were granted in that writ petition. Therefore, the respondents initiated steps for recovery of the amount determined five years back. The petitioner did not even mention in the affidavit, filed in support of this writ petition, about the pendency of a writ petition in the Calcutta High Court as to the determination of penal rent. He cannot pursue his remedies in two different High Courts as regards the same cause of action. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ______________ 17.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}