Reconsider penalty for not vacating quarters: HC sm subramaniyam judge


Reconsider penalty for not vacating quarters: HC

Madurai: Madras high court has directed the authorities to reconsider the penal rent imposed on a policeman who failed to vacate his official quarters in Kanyakumari district despite being transferred.


Sub-inspector T Dattis Joyson was transferred to Tuticorin district but he did not vacate his quarters in Kanyakumari since the one allotted to him at Tuticorin was not in dwelling condition. As he was transferred back to Kanyakumari after 18 months, he became eligible to continue in the same quarters. However, since he had not vacated his quarters, the authorities passed an order to collect penal rent, calculated at 400%, which Joyson challenged in the HC Madurai bench in 2014.
Justice S M Subramaniam observed that police officials who occupy rent-free quarters are expected to vacate it soon after they are transferred. Though the petitioner’s action of failing to vacate his quarters cannot be appreciated, the judge said that if the quarters at Tuticorin was not in dwelling condition, he can avail the benefit of house rent allowance (HRA) and reside outside as per the service condition.
The judge noted that HRA was also deducted from the petitioner’s salary for his over stay, and imposing penal rent at 400% would be exorbitant. Hence, the authorities are at liberty to reconsider the quantum of penalty expeditiously, for 

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