Expressing shock over IAS officers, police officers and other officials continuing to retain government accommodation even after transfer or retirement, the Madras High Court has directed the State government to frame regulations on allotment and surrender of government accommodation.
A Division Bench of justices K.K. Sasidharan and P. Velmurugan said, “Since there are very many officers still occupying government bungalows and apartments even after retirement and transfer, every effort should be made by the government to issue the guidelines as expeditiously as possible, and in any case, within a period of three months.”
The issue came to light when the judges began hearing a writ appeal preferred in 2010 by R. Manimegalai, who has been occupying a Tamil Nadu Housing Board (TNHB) flat at Nandanam colony, even after her father S. Rathinam, who was allotted the flat in 1966 in his capacity as an employee of the Accountant General’s Office, died in November 2003.
During the course of the arguments, the appellant brought to the notice of the court that the TNHB officials were selective in issuing eviction notices, and that only the meek and the weak were being forced to vacate government accommodations. She also gave a list of bureaucrats occupying government accommodation at Taylor’s Road here, despite having been transferred to other districts.
Immediately, the judges directed the managing director of TNHB to file an affidavit on the issue. The affidavit revealed that Kancheepuram Collector P. Ponniah, the managing director of SAGOSERVE in Salem, R. Gajalakshmi, and Tiruvallur Assistant Collector (Training) K. Megaraj were occupying accommodations at Taylor’s Road even after their transfer.
The court was also told that R. Duraisami, former Deputy Inspector General of the Prison department, was in unauthorised occupation of a TNHB flat even after his retirement. The names of a few other retired and serving officials were also placed before the court, which was told that some of them vacated the flats after the judges sought details.
Observing that government officials as well as judicial officers must vacate government accommodation immediately after their transfer or retirement, the Bench recalled that the Supreme Court had, in S.D. Bandi’s case (2013), ordered that judges, Ministers, legislators and public servants must vacate official residences within a month of the date of superannuation.
Authoring the judgment, Justice Sasidharan said, “The failure on the part of the Government of Tamil Nadu to frame appropriate guidelines in tune with the directions given by the Supreme Court is being taken advantage of by the allottees and their legal heirs to continue to occupy the official accommodation even after the date of retirement.”
“The officers are well aware of their date of retirement. They should plan for their retirement life, including accommodation, well in advance. A retired employee cannot be heard to say that even after retirement, he should be permitted to occupy the government bungalow or apartment. This attitude must undergo a sea change,” the judge said.
Insofar as the present appellant was concerned, the judges gave her time till July 31 to vacate the TNHB flat.
