Re deduction of house rent by public sector bank from retired employees

“1. It is submitted that the allotment of government house to the employees/officers of the three wings of the government, the Legislature, the Executive and the Judiciary is made under the provisions of allotment of Government Residences (General Pool in Delhi) Rules, 1963 as amended from time to time. These rules provide for allotment, cancellation, retention, penalties for non-vacation of quarters within the permissible retention period. It is submitted that the applicant has to be given an undertaking in “Application Form” itself that he/she agrees to abide by the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 also in the Acceptance Form, the allottee undertakes to vacate the accommodation allotted to him/her within the stipulated period. However, because of certain unavoidable circumstances which may be beyond the control of allottee, the allottee sometimes retains the house for a few days beyond the permissible retention period for which damages rate is charged vis-à-vis action for eviction under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Therefore, the provision of disciplinary may not be desirable. In case of unauthorized occupation, in the case of subletting, apart from charging damages (penal rent) and action is initiated for eviction, disciplinary proceedings are initiated against the unauthorized occupant. In view of these provisions already existing in the rules further undertaking may not be necessary.

20) On behalf of the Government of Madhya Pradesh, Directorate of Estates has filed an affidavit wherein it is highlighted that so far as the employees of the State Government, executive and judiciary are concerned, there is no objection in taking an undertaking as suggested by this Court. However, according to the government, the houses allotted to the members of the legislative assembly, members of parliament and ministers are concerned, the matter needs to be examined after taking views of the Secretary, Vidhan Sabha. It is also pointed out that the Government of Madhya Pradesh has issued separate rules called Madhya Pradesh Government Quarters Allotment Rules, 2000 which provides effective mechanism for eviction of unauthorized persons and recovery of rent, if any.

As per the above the retired employees of Public sector Bank who overstayed for 3 months in the banks quarters are liable to recovery proceedings of overstayed rent,penalties,interest etc from public Sector Bank which is Rs195000.