Directing the opening of such a website within four weeks, Justice SM Subramanian said, “The respective seniority of the applications should be maintained date wise, cadre/class wise, with reference to the eligibility of the officials submitting applications through online mode.” The directions were based on a plea moved by one P Karunamurthy. He was allotted an official quarter on October 5, 2015 and the very same day the allotment itself was cancelled. But even after that, he continued to stay there unauthorisedly and penal rent was imposed. Challenging the same, he moved the plea citing an interim order in his favour.
However, Justice Subramaniam on holding that even if there was an interim order in his favour, extending the same after the dismissal of the writ petition is contrary to legal principles, said, “The petitioner cannot seek any benefit from and out of the interim order granted in 2005, as the writ petition itself was dismissed by this court on October 10, 2007 after directing the petitioner to vacate the quarters.”
“Any employee in the event of illegal or unauthorised occupation of official quarters, beyond the permissible period is liable to be charged with the penal rent. The Board employees on transfer or on retirement from service are bound to vacate the official quarters within the time limit granted in the allotment order. Any excess occupation is to be dealt in accordance with law and such occupants are liable to pay the penal rent in accordance with the rules in force,” the judge said.
Based on this, Justice Subramanian also directed the TNEB to constitute a team of officials to conduct inspections and collect particulars of all illegal and irregular occupants in the TNEB quarters and issue show cause notice to them to vacate their respective quarters within 60 days. On receipt of any complaint regarding the illegal or irregular allotments or occupations, all necessary actions are directed to be initiated within 30 days from the date of receipt of such complaints, the judge said while directing the Chairman, TNEB, to monitor the implementations of the directions in order to maintain clean, transparent and efficient public administration.