Recovery of penal rent for unauthorized accommodation accrues from the first official eviction notice.

The applicant, Rambachan Ram, was allotted vacant rooms in Jamaniya Sub Post Office for residential purposes on a purely temporary basis from September 1, 2006, while serving as Sub Post Master (SPM) there

The allotment condition stated that the accommodation would be vacated as and when required and House Rent Allowance (HRA) and other charges would be deducted as per rules

The applicant was transferred from Jamaniya on July 14, 2008, and subsequently posted at various locations in Ghazipur Division, but continued to occupy the accommodation

On July 29, 2013, the applicant requested the installation of a separate electricity meter to pay his electricity charges

The first request to the applicant to vacate the accommodation was made via an office memo on March 25, 2019, following remarks by the Director Postal Services (DPS) during a visit

Subsequent reminders were issued on April 26, 2021, and May 12, 2021

On May 18, 2021, a letter was issued regarding the collection of damage rent

The Public Information Officer initially informed that recovery proceedings for damage rent had been initiated without proper action or inquiry, but the First Appellate Authority directed reconsideration

Respondent No. 6, under the direction of Respondent No. 5, provided revised calculations for rent and HRA on August 18, 2021, on the basis of which recovery was sought

The original calculation sought recovery of Rs. 7,22,300/- at Rs. 25,000/- per month, which was later revised to Rs. 21,132/- per month

The applicant submitted a representation on October 14, 2021, against the recovery, but no decision was taken

He then filed O.A. No. 1098/2021, which was disposed of on January 4, 2022, with a direction to Respondent No. 3 to decide his representation and an interim protection against recovery

Respondent No. 3 rejected the representation on February 17, 2022, upholding the recovery order

This led to the present Original Application challenging the recovery order

The respondents contend that the applicant unauthorizedly retained the accommodation after his transfer, without paying license fees, water tax, or electricity charges, despite orders to vacate

Whether the respondents were justified in calculating damage rent from October 2008, immediately after the applicant's transfer from Jamaniya Post Office

Whether the applicant is liable to pay license fees, electricity charges, and water charges for the period of his occupancy

The Tribunal applied the principles governing the allotment of government accommodation, specifically regarding temporary allotments, conditions for vacation, and the calculation of damage rent and other charges.

It also considered the concept of "post-attached accommodation" and its implications for requiring immediate vacation upon transfer

The Fundamental Rules relating to HRA where government accommodation is allotted were implicitly referenced by the respondents

The court found that while the accommodation was allotted on a temporary basis with the condition of vacation when required, the first formal communication to the applicant asking him to vacate was only on March 25, 2019

Therefore, calculating damage rent from October 2008, two months after his transfer, was deemed incorrect

The accommodation was not classified as "post-attached," which means it did not require immediate vacation upon transfer for the next incumbent

The court reasoned that penal rent should only be computed from the date the applicant was formally ordered to vacate

However, the court also noted that the applicant, despite his responsible position as a Postmaster, failed to pay applicable license fees, and electricity and water charges for the duration of his occupancy, even requesting a separate electricity meter only after almost seven years

The allotment letter clearly stipulated that HRA and other charges would be deducted as per rules, establishing the applicant's liability for these charges

The respondents are directed to recalculate the penal rent effective from March 25, 2019, which is the date the first letter to vacate the accommodation was issued

The applicant shall pay the license fee for the period from the time of allotment until March 25, 2019, as per actuals

The applicant shall also pay electricity and water charges for the actual usage during his occupancy

All pending MAs stand disposed of. No order as to costs