34 Ta 2009
34 Ta 2009
T.A.No.34 of 2009
(W.P.No.20651 of 2001
Dr.M.R.Reddy,
Retired Wing Commander,
S/o.Late M.Nadamuni Reddy,
No.27-E, Park Dugar,
Mount Poonamallee Road,
Ramapuram, Chennai89. … Applicant
Vs.
3.Mr.P.P.Mittal, Lt Colonel,
Adm. Comdt.
Station Head Quarters,
Fort St.George, Chennai.
5.Ministry of Defence
through its Secretary. …. Respondents
ORDER
(Order of the Tribunal made by Justice ACA Adityan)
before the Honourable High Court, Madras, which has subsequently been
2009.
2.We heard the arguments of the learned counsel for the petitioner
Counsel Mr.S.Haja Mohindeen Gisthi and also the learned JAG Officer for
the Army during 1979 and the Army number given to him was MR 04943.
The petitioner was seconded to Air Force during August 1978 and another
his duties at Military Hospital at Chennai and on that score he was allotted
9th August 1999. Till then he was allotted family accommodation by the
to Air Force Officers also, the petitioner was entitled to retain the
of posting is a dangerous area where family need not be taken. The first
respondent asked the petitioner to get in touch with the Air Force to get
his SFA under their wing and gave him two months till November 1999 to
get the same from them. The petitioner had approached the IAF and the
Air Force Administrative Officer sent a letter to the petitioner saying that
Medical Corps and his personal number given by the Army was AMC MR
04943. The petitioner’s name was also included in the Army List for AMC
Officers, alone. So, the request of the petitioner for SFA at Nandanam was
very much in order. Since the petitioner has not received any reply from
specifically stated that the Rules are applicable to Air Force officers also.
The High Court of Karnataka has held that the Officer should have been
permitted to continue the quarters allotted to him when the said officer
the mean time the third respondent on 24.12.1999 had written a letter to
eviction proceedings would follow under the Public Premises Act 1971.
the Appendix E provided in SAO 10/S/86 by the Army. Hence, the said
ie., G.O.C. at Island Grounds, Chennai and explained his plight about his
children’s education and his right to continue to hold the SFA under the
first respondent. But, both the respondents have not helped the
petitioner. The petitioner has received another letter from the first
para No.70 of the SAO 10/S/86, a provision is given that no officer should
about the studies of his children and requested the second respondent
to allot SFA at least at Nandanam during the end of that year i.e, 2000-
2001. The petitioner received another letter from the Additional Director
Quarters, Sena Bhavan, New Delhi, directing the first respondent to allot
Air Head Quarters, Vayu Sena Bhavan, New Delhi, on 13.09.2000 that the
rate of rent from the Air Force Central Account Officer, New Delhi, and the
10/S/86 and placed under damage rate of rent with effect from
1.12.1999. Whereas under the same SAO 10/S/86 in Para No.110 in Part
respondent through his Barracks Service Officer sent a debit note to the
abnormal rate of Rs.13,253/- per month plus Rs.91/- per month towards
accept his application for voluntary retirement and the petitioner was
including pension with effect from the date of his retirement. The
contacted the counsel for the petitioner with a direction to the petitioner
In the said letter, it has been stated that a debit or damage rate of rent
has been issued against the petitioner claiming rent at the rate of
Rs.13,253/- per month plus Rs.91/- per month towards furniture with
effect from 01.12.1999. The petitioner is not liable to pay any damages
him by the respondents legally. Hence, the petition to set aside the debit
house was allotted to him at Post Office Colony, St. Thomas Mount,
to him at Post Office Colony, St. Thomas Mount, Chennai – 16. Instead of
officers posted to Air Force Unit in Special Army Order 10/S/86, the first
services and further the first respondent was directed to advice the
appointment.
8
from 01.12.1999 and placed under damage rate of rent by the Station
– 09 to the petitioner and the same was intimated to him in the office
avail the alternative accommodation, the petitioner has not availed the
31.12.2000.
him, the Barracks Service Officer had sent a Debit Note to the 4 th
from 01.12.1999.
the Allotting Authority did not grant such permission. Hence the
Since the petitioner was transferred to Air Force Hospital, he has to seek
has performed his duty by intimating the decision taken in the Station
Chennai – 09. The lawyer Notice sent by the petitioner was suitably
rate of rent for the unauthorised occupation. Such a levy of damage rate
claim made by the first respondent through his letter vide AFCAO
6.POINT:- The admitted facts are that the petitioner was in Army
Hospital, Chennai, from 20th May 1996 to August 1999 and that he was
was transferred to No.5, Air Force Hospital at Jorhat, Assam. Since the
petitioner could not take his family consisting of his wife and two
children, one college going and another school going, to Assam, the
petitioner on the basis of the SAO 10/S/86 para 110 asked for allotting
(SFA).
Thomas Mount, Chennai, after his transfer to Assam, since SAO 10/S/86
will not be applicable to him since he has been transferred to Air Force
SAO 10/S/86 and would contend that the SAO 10/S/86 will be applicable
to the petitioner also even though he has been transferred to Air Force
provision under the Special Army Order will be applicable to the petitioner
also.
for the petitioner would contend that the Officers posted to Field Service
residence: or
(c)To retain family accommodation at the last duty station with the
Taking shelter under Rule 110(c) of SAO, the learned counsel appearing
for the petitioner would contend that the petitioner is entitled to retain the
Chennai, even after his transfer to Air Force Hospital at Jorhat, Assam.
Through his letter dated 16th September 1999 the petitioner has
family quarter as per his status is allotted to him in Chennai. The said
Commanding Officer.
Mount, Chennai. But it is seen from the order of the Station Commander,
two months with effect from 1st October 1999 to 30th November 1999 in
order to enable the Officer to make arrangements for shifting his family
within the stipulated period. It is seen from the records available before
this Tribunal that the petitioner could not vacate the said premises at
November 1999. Since the petitioner could not vacate the said premises
That letter was also forwarded by Air Force Officers Commanding with his
recommendation.
14
dismay, the petitioner has received a letter from the Station Commander,
at the rate of Rs.95/- per month with effect from 1 st December 1999.
10/S/86 and placed under damage rent with effect from 1 st December
1999 and it further reads that the petitioner is not entitled to retain the
the landlord plus 10 per cent service charges. The officer is also
Government accommodation.”
No.P12/4, New Fort Glacis, Chennai, but not the Family Accommodation
Mount, Chennai and also nearer to the SFA, Nandanam. But there is no
his family to the new accommodation offered to him at P12/4, New Fort
his children were studying are far away from the said accommodation,
Rs.91/- per month towards furniture is arbitrary and not based on any
16
relevant Rule or Order. Even though the letter dated 29 th December 1999
effect from 1st December 1999 has been mentioned, the letter dated 22 nd
November 2000 from AFCAO, (Air Force Central Account Office) reads that
claimed for the extended occupation of the petitioner from 1.12.1999 for
the petitioner has committed any default, We are of the view that he is
with effect from 1st December 1999 as per the letter dated 29.12.1999
petitioner is liable to pay the rent and damages not only for Family
absolutely no material placed before this Tribunal to show that the other
The petitioner is liable to pay the rent for his Family Accommodation at
paying before plus the damages at the rate of Rs.95/- pm with effect from
1st December 1999 till the date on which he vacated the premises. On
any score, the terminal benefits to which the petitioner is entitled to shall
rent as stated above can be deducted from the terminal dues due to the
petitioner. The learned JAG Officer would represent at this juncture that
already from the terminal benefits the damages have been deducted at
the balance due to the petitioner shall be returned to the petitioner after
deducting the due rent as mentioned above plus damages at the rate of
Rs.95/- pm. The petitioner is not entitled for any interest. No Costs. We
JAG Officer Lt Col Sandeep Kumar and the learned Counsel for the
petitioner Mr.S.Natanarajan.
To,
1.The Station Commander,
State Head Quarters,
Fort St. George, Chennai.
3.Mr.P.P.Mittal, Lt Colonel,
Adm. Comdt.
Station Head Quarters,
Fort St.George, Chennai.
T.A.No.34 of 2009
(W.P.No.20651 of 2001
10.02.2010