IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 28-07-2009 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.Nos.5045, 5924, 5931 to 5935, 6366 to 6369, 6539 to 6543, 8950, 12204 and 14488 of 2008 M.P.No.1 of 2008 in W.P.Nos.12204 and 14488 of 2008 M.P.No.2 of 2008 in W.P.Nos. 5045, 5924, 5931 to 5935, 6366 to 6369, 6539 to 6543, 8950, 12204 and 14488 of 2008 K.Ramachandran .. Petitioner in WP.5045/08 A.Aruna .. Petitioner in WP.5924/08 P.Poomalai .. Petitioner in WP.5931/08 B.Kamala Kannan .. Petitioner in WP.5932/08 A.Marimuthu .. Petitioner in WP.5933/08 S.Thangaraj .. Petitioner in WP.5934/08 Murugan .. Petitioner in WP.5935/08 Sivakumar .. Petitioner in WP.6366/08 S.Sengodan .. Petitioner in WP.6367/08 V.Rajan .. Petitioner in WP.6368/08 S.Rajendran .. Petitioner in WP.6369/08 M.Selvaraj .. Petitioner in WP.6539/08 M.Govindasamy .. Petitioner in WP.6540/08 P.Ravi .. Petitioner in WP.6541/08 D.Ramachandran .. Petitioner in WP.6542/08 S.Azhagarsamy .. Petitioner in WP.6543/08 M.Muthusamy .. Petitioner in WP.8950/08 A.P.Gandhi .. Petitioner in WP.12204/08 C.Prabhakaran .. Petitioner in WP.14488/08 Versus The Superintendent of Police, Namakkal District ... Respondent WP.No.5045,5924,5931 to 5935 and 6366/08: These writ petitions filed under Article 226 of the Constitution of India, for the relief of 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. 740,739,739,739,720,739, 739,740/2007 respectively in No.P6/2108/2006 dated 28.12.2007 and quash the same as far as the petitioners are concerned and consequently direct the respondent to repay the amount which was deducted from petitioner's salary in the month of January 2008, https://hcservices.ecourts.gov.in/hcservices/ January and february 2008, January and february 2008, January and february 2008, January and february,January and february 2008, January and february 2008, January and february 2008, respectively. WP.6367 to 6369, 6539 to 6543, 8950/08: These writ petitions filed under Article 226 of the Constitution of India, for the relief of 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. 738,738,738,738,738,738, 738,738,738/2007. in No.P6/2108/2006 dated 18.12.2007 and quash the same as far as the petitioners are concerned and consequently direct the respondent to repay the amount which was deducted from petitioner's salary in the month of January and 2008, January and february 2008, January and february 2008, January and february 2008, January and february 2008,January and february 2008, January and february 2008, January and february 2008,January and february 2008 respectively. WP.12204and 14488 of 2008: These writ petitions filed under Article 226 of the Constitution of India, for the relief of issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the Respondent vide his office proceedings Nos. 720 and 740/07 in No.P6/2108/2006 dated 07.12.2007 and quash the same as far as the petitioners are concerned and consequently direct the respondent to repay the amount which was deducted from petitioner's salary in the month of January 2008, and January 2008. For Petitioner : Mr.I.C.Vasudevan For Respondent : Mr.L.S.M.Hasan Fizal Government Advocate C O M M O N O R D E R The Writ Petition No.5045 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 2008. The petitioners in these cases are aggrieved by the order demanding penal rent for occupying the quarters after transfer. 2. Batch of writ petitions are filed for writ of Certiorarified Mandamus to quash the impugned order of recovery stating that penal rent is payable for overstaying in Government https://hcservices.ecourts.gov.in/hcservices/ Quarters in violation of the Government Order. 3. The petitioners in all these cases are aggrieved by the order demanding penal rent for occupying the quarters after transfer. The respondent demanded penal rent in terms of G.O.Ms.No. 568 Home (Police X) Department dated 31.5.2000. On the contrary, the petitioner relied upon the G.O.Ms.No. 375, dated 6.9.2000 and state that they are entitled to stay in the quarters even after transfer. There is no basis for the demand of penal rent. The impugned proceedings are vague and bereft of details. 4. The very same issue was decided by this Court in a batch of writ petitions in WP No. 7314 to 7320 of 2008 on 23.7.2009 and the impugned orders have been set aside and the authorities have been asked to re-consider the demand in de novo proceedings. The relevant portion of the order reads as follows:- " 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. 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/ 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. 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." 5. For the above said reasons, the impugned order in each of the present writ petitions is set aside and the respondent/ department is directed to consider each case independently and issue fresh orders on merits with reason for demand of penal interest. The writ petitions are ordered as above. Consequently, connected miscellaneous petitions are closed. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar ra To The Superintendent of Police, Namakkal District. + 1 cc to Government Pleader,SR.32770 W.P.Nos.5045, 5924, 5931 to 5935, 6366 to 6369, 6539 to 6543, 8950, 12204 and 14488 of 2008 M.P.No.1 of 2008 in W.P.Nos.12204 and 14488 of 2008 M.P.No.2 of 2008 in W.P.Nos. 5045, 5924, 5931 to 5935, 6366 to 6369, 6539 to 6543, 8950, 12204 and 14488 of 2008 PUR(CO) EM/19.8.09 https://hcservices.ecourts.gov.in/hcservices/