In an order that may raise many eyebrows, the Madras High Court has directed the State Government not to pay salary to the Revenue Secretary, Tiruvallur Collector and Madhavaram Tahsildar until they disburse arrears of rent for Madhavaram Taluk office and enter into a lease agreement with the landlord.
Justice S. Vaidyanathan directed the High Court Registry to ensure that a copy of his order reaches the Chief Secretary by Wednesday since payment of salary to government servants was due on Thursday in view of the subsequent bank holidays from Friday to Monday due to Ayudha Puja and Gandhi Jayanthi.
Disposing of a writ petition filed by 67-year-old Farida Shaukath, the judge pointed out that the government officials had “grabbed” her immovable property in 2009 for establishing a Taluk office and had been squatting over it since then without entering into a lease deed and paying the rent properly.
Though it was the petitioner's case that the officials had occupied the property after agreeing to pay monthly rent of ₹1.2 lakh besides promising to enter into a lease agreement in due course of time, she accused the officers of turning a volte face subsequently and disputing the agreed quantum of rent.
Stating that the revenue officials cited a Public Works department report, which had fixed the rent only at ₹98,925 a month, Ms. Shaukath said that even that rent was not paid forcing her to file the case in 2012. The rent up to May 2016 was paid only after the court passed interim orders.
Taking serious note of the official apathy shown towards the landlord and making her run from pillar to post to establish her right, the judge said the action of the officials in not entering into a lease agreement till date and also not paying arrears of rent since May 2016 is nothing but “perfunctory.”
Ordering that the arrears should be paid and also the lease agreement should be signed within 30 days, Justice Vaidyanathan said: “Till such time... all the three respondents shall not draw any salary and the Government shall not disburse their salary to them. After clearing of the arrears of rent and after entering into the lease agreement, as directed above, the entire salary, including the salary arrears, shall be disbursed to the respondents.”
The judge went on to state: “This court makes it clear that the person who is holding the post in the cadre of the first respondent (Revenue Secretary) should ensure that the subordinates do their work assigned to them promptly and if any issue arises, the same is brought to the attention of the first respondent by them, pursuant to which, the concerned staff should be shown the doors and the Chief Secretary to Government of the State of Tamil Nadu shall take necessary steps in that regard.”
