JUDGEMENT
SASHIKANTA MISHRA,J. -
(1.)The petitioner challenges the order dtd. 6/8/2014 issued by the Project Director, DRDA, Kandhamal (opposite party no.2) directing him to deposit a sum of Rs.60610.00 towards penal licence fee.
(2.)The facts of the case are that the petitioner was appointed as Statistical Investigator with effect from 2/3/1998 and posted at District Statistical Office, Phulbani. While working as such, his services were placed at the disposal of Panchayati Raj Department vide order dtd. 13/2/2006 for being posted in DRDA on deputation basis. Pursuant to such order, he was posted in DRDA, Kandhamal against the existing vacancy. While working as such, he was allotted with a II R quarter by the opposite party no.2 vide order dtd. 11/4/2008, which he occupied and resided with his family. A sum of Rs.145.00was deducted from his salary every month towards rent, as evident from some of the pay slips enclosed to the writ petition as Annexure-5 series. By order dtd. 12/6/2013 of the Director of Economics and Statistics, Odisha, the petitioner was reverted from Panchayati Raj Department and posted under opposite party no.3 and was relieved on 12/8/2013. He joined in his new post on 13/8/2013. Since then no Government Quarter was allotted. The opposite party no.2 vide order dtd. 2/5/2014 issued notice to the petitioner to vacate the quarter of DRDA on the ground that the allotment had been cancelled. Further, the opposite party no.2 requested the Sub-Collector, Kandhamal to initiate eviction proceeding against the petitioner. Ultimately, the order dtd. 6/8/2014, which is enclosed as Annexure-9 to the writ petition, was issued as final notice to the petitioner to vacate the quarter and to deposit the penal rent amounting to Rs.60,610.00. According to the petitioner, the calculation of such penal rent is contrary to the Government Resolution holding the field.
(3.)A counter has been filed by the opposite party no.2 justifying his action by relying upon the Government of Odisha, Finance Department Resolution No. 51758 /F dtd. 15/12/2010. It is stated that the penal dues have been calculated on the basis of such resolution and therefore, no illegality was committed.
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