Chattisgarh High Court
Sunil Kumar Verma vs State Of Chhattisgarh on 20 March, 2024
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Neutral Citation
2024:CGHC:10210
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3707 of 2023
Tulsi Sahu W/o Vijay Kumar Sahu Aged About 41 Years
Presently Posted As Adhoc Training Officer, Govt. Industrial Training Institute
Korba, Earlier Residing At House No. H-9, Iti Colony, Presently R/o C/o
C.K.Dewangan, Mig- 1/95, M.P. Nagar (Extn), Korba, Tahsil And District Korba
(C.G.) Pin 495677, Mb 9301172728 ---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, General Administrative
Department, Mantralaya, Atal Nagar Nawa Raipur, Tahsil And District Raipur
(C.G.) 492001
2. Secretary Technical Education Department C.G. State, Mantralaya, Atal Nagar
Nawa Raipur, Tahsil And District Raipur (C.G.) Pin 492001
3. Director Employment And Training, Chhattisgarh State, Indrawati Bhawan,
Block- 04, First Floor, Atal Nagar Nawa Raipur Tahsil And District Raipur (C.G.)
Pin 492001
4. Joint Director (Training) Regional Office Industrial Training Societies, Area
Bilaspur, Tahsil And District Bilaspur (C.G.) Pin 495001
5. Principal Industrial Training Institute Korba, Iti Korba, Tahsil And District Korba
Chhattisgarh Pin 495677
6. Incharge Officer/office Superintendent,
Industrial Training Institute Korba, Iti Korba, Tahsil And District Korba
Chhattisgarh Pin 495677 ---- Respondents
&
WPS No. 4966 of 2023
1. Sunil Kumar Verma S/o Lt. Shri Ganga Prasad Verma Aged About 46 Years
Training Officer (Contractual), R/o House H- Type No. 16, I T I Colony, I T I
Korba, Thana Rampur, Tahsil And District Korba, C.G. Pin 495677.
2. Gajpati Banachhor S/o Lt. Shri Kartikram Banachhor Aged About 48 Years
Training Officer (Contractual), R/o House H- Type No. 29, I T I Colony, I T I
Korba, Thana Rampur, Tahsil And District Korba, C.G. Pin 495677.
3. Sushil Kumar S/o Shri Chaturram Sahu Aged About 43 Years
Training Officer (Contractual), R/o House H- Type No. 01, I T I Colony, I T I
Korba, Thana Rampur, Tahsil And District Korba, C.G. Pin 495677.
4. Santosh Kumar Sahu S/o Shri Rameshwar Prasad Sahu Aged About 44 Years
Training Officer (Contractual), R/o House H- Type No. 04, I T I Colony, I T I
Korba, Thana Rampur, Tahsil And District Korba, C.G. Pin 495677 Mb.
8120770108. ---- Petitioners
Versus
1. State of Chhattisgarh Through The Secretary General Administration
Department, Mantralaya, Atal Nagar Nawa Raipur, Tahsil And District Raipur,
C.G. P I N 492001.
2. Secretary Technical Education Department C.G. State, Mantralaya, Atal Nagar
Nawa Raipur, Tahsil And District Raipur, C.G. P I N 492001.
Neutral Citation
2024:CGHC:10210
2
3. Director Employment And Training, Chhattisgarh State, Indrawati Bhawan,
Block - 04, First Floor, Atal Nagar Nawa Raipur, Tahsil And District Raipur,
C.G. P I N 492001.
4. Join Director (Training)
Regional Office Industrial Training Societies, Area Bilaspur, Tahsil And
District Bilaspur, C.G. P I N 495001.
5. Principal Industrial Training Institute Korba, I T I Korba, Tahsil And District
Korba, C.G. P I N 495677.
6. Incharge Officer / Office Superintendent Industrial Training Institute Korba,
I T I Korba, Tahsil And District Korba, C.G. P I N 495677.
---- Respondents
------------------------------------------------------------------------------------------------------
For petitioners : Mr. Vijay K. Deshmukh
For Respondent/State : Mr. S.P. Kale, Addl. Advocate General
Hon'ble Shri Justice Narendra Kumar Vyas.
Order on Board
(20-03-2024)
1. Since an identical issue and common facts of law are involved in both the cases they are heard analogously and are being disposed of by this common order.
2. In pursuance of the direction earlier given by this Court Mr. Akhtar Abbas, Principal ITI Korba is present before this Court.
3. Petitioner Ms. Tulsi Sahu, who is working in ITI Korba as Training Officer (on contract basis) has preferred WPS No. 3707 of 2023 assailing the memo dated 20.02.2023 issued by the Principal ITI Korba by which recovery of Rs. 8,60,640/- has been ordered and Rs. 8700/- per month directed to be deducted from salary of the petitioner towards rent and penalty for illegal occupation of the Government quarter.
Neutral Citation 2024:CGHC:10210 3
4. In WPS No. 4966/2023- Petitioners who are Training Officers in ITI Korba (on contract basis) have assailed the order dated 06.04.2023 for recovery of rent and penalty & order dated 17-8-2021 (Annexure P/2) issued by the Principal ITI Korba by which the allotment of the house to the petitioners has been cancelled and they were directed to vacate the Government quarters allotted to them. Respondent No. 5 has directed for recovery of Rs. 1,65,300/- (against petitioner -Sunil Kumar), recovery of Rs. 1,65,300/- (against Ganpati Banchhor), recovery of Rs. 1,02,600/- (against Sunil Kumar Sahu) recovery of Rs. 1,06,200/- (against Santosh Kumar Sahu). Respodnent No. 5 by the said memo has directed for recovery of Rs. 8700/- per month towards penal rent and if the quarter is not vacated then Rs. 5400/- per month thus, total Rs. 14,100/- was directed to be recovered from their salary.
5. Learned counsel for the petitioners would submit that the petitioners are in possession of the Government quarters pursuant to the order dated 17.12.2015 issued by Joint Director to allot the Government Quarters in their names, therefore, they are in possession of the said houses. He would further submit that Principal of ITI Korba without rhyme or reason directed them to vacate the Government Quarters and he intends to allot the same to contractual employees. It has also been contended that notices were issued to them for vacating the Government Quarters vide Annexure P/4 on the count that the petitioners being contractual employees are not entitled to get the Neutral Citation 2024:CGHC:10210 4 Government Quarters. These orders are being assailed by the petitioners in these petitions.
6. Learned counsel for the petitioners would submit that the petitioner in WPS No. 3707/2023 has already vacated the Government Quarter, therefore, the partial compliance has already been made by her. Rest of the petitioners in WPS No. 4966/2023 are yet to vacate the Government quarters where they are residing.
7. In pursuance of the direction earlier given by this Court Mr. Akhtar Abbas, Principal ITI Korba is present before this Court along with Mr. S. P. Kale, learned Additional Advocate General and would submit that memo dated 27.12.2015 (Annexure P/2) is not an order of allotment, but it is a recommendation, therefore, it cannot be said that the petitioners are allotted the house by the competent authority. He would further submit that these petitioners are being contractual employees, therefore, they are not entitled to hold the government quarters and they are unauthorisedly occupied the house, therefore, they are bound to vacate the government quarters. He would further submit that the contractual employees are not entitled to get Government accommodation as per Rules prevailing in the State of Chhattisgarh and they are unauthorized occupants of the Government Quarters, as such recovery order issued by them is in accordance with law. He would further submit that as per HRA Rules the House Rent is Rs. 4,200/- and since they are unauthorised occupants of the Government Quarters therefore, they are liable to pay penalty of rent Neutral Citation 2024:CGHC:10210 5 hundred times. Accordingly, Rs. 1,65,300/- (against petitioner-Sunil Kumar), recovery of Rs. 1,65,300/- (against Ganpati Banchhor), recovery of Rs. 1,02,600/- (against Sunil Kumar Sahu) recovery of Rs. 1,06,200/- and against petitioner- Ms. Tulsi Sahu an amount of Rs. 8,60,640/- are directed to be recovered from the petitioners which is legal and justified and would pray for dismissal of the writ petitions.
8. On the contrary, learned counsel for the petitioners would submit that the petitioners are low-paid employees and they are getting salary of Rs. 15,000/- - Rs. 20,000/- per month and and if the amount of Rs. 8,700/-, Rs. 17400/- and Rs.14,100/- per month are directed to be recovered it is very difficult for them to maintain their family as it would create shortage of fund causing difficulty for them to maintain their family smoothly.
9. On the other hand learned counsel for the State would submit that the submission made by the learned counsel for the petitioners cannot be a ground to reduce the quantum of penalty of rent.
10. Considering the fact that the petitioners are being low-paid employees and are getting salary of Rs. 15,000/- to Rs. 20,000/- per month, if amount of Rs. 8,700/-, Rs. 8700/- and Rs. 8700/- per month along with penalty of Rs. 5400/- if they failed to vacate the quarters, it will definitely cause irreparable loss to them and it will be difficult for them to maintain their family smoothly.
11. Considering this aspect of the matter and also considering that the petitioner- Ms. Tulsi Sahu in WPS No. 3707/2023 has already vacated Neutral Citation 2024:CGHC:10210 6 the Government Quarter, the remaining petitioners in WPS No. 4966/2023 are directed to vacate their Government Quarters within a period of one month from the date of receipt of a copy of this order and if they vacate the quarter, they are not liable to pay additional penalty Rs. 5400/- per month. Considering the fact that deduction of Rs. 8700/- per month is on a higher pedestal, looking to the facts and circumstances of the case, monthly instalment of Rs. 8700/- deserves to be reduced to Rs. 3500/- per month.
12. So far as penalty which has been imposed upon the petitioners by respondent No. 5 is concerned, it is directed that the petitioners are at liberty to prefer an appeal or representation before the Joint Director or Director Technical Education raising their grievances regarding imposition of 100 times penalty upon the petitioners, who will consider and decide the claim in accordance with law and the law applicable on the subject. The appellate authority while deciding the appeal or representation, will also consider the fact of the case that the recommendation was made by the authority for allotment of quarters.
13. With the aforesaid observation and direction both the writ petitions are disposed of. Sd/-
(Narendra Kumar Vyas) Judge Raju