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    Frame guidelines on surrender of government accommodation: Madras HC

    Observing that a employee cannot say that he should be permitted to occupy the government bungalow or apartment even after retirement, the Madras High Court directed the Tamil Nadu government to frame appropriate regulations on the allotment and surrender of government accommodation to officials based on the guidelines laid down by the Supreme Court.

    Frame guidelines on surrender of government accommodation: Madras HC
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    Madras HC

    Chennai

    Dismissing an appeal filed by Manimegalai, who sought to retain the accommodation allotted to her late father, a division bench comprising Justice K K Sasidharan and Justice P Velmurugan said, “Since there are very many officers still occupying government bungalows and residential apartments even after their retirement and transfer, every effort should be taken by the government to issue guidelines as expeditiously as possible and in any case within a period of three months.”

    Noting that the Supreme Court had directed judges, ministers, legislators and public servants to vacate the official residences within a month of superannuation and issued detailed guidelines for compliance, the bench said: “The failure on the part of the state government to frame appropriate guidelines in tune with the directions given by the Supreme Court is taken advantage of by the allottees and their legal heirs to continue to occupy the official accommodation even after the date of retirement and in cases like the one on hand, even after the death of the original allottee.”

    The Tamil Nadu Housing Board (TNHB) had allotted a house in Nandanam Colony to Rathinam, then a superintendent in the Accountant General’s office in 1966. After his death on November 30, 2003, his daughter Manimegalai continued to occupy the house.

    The board initiated proceedings for eviction in January 2007, and in February 2010, the High Court upheld the eviction order. However, notwithstanding the undertaking given to the court to vacate the premises within six months, Manimegalai continued to stay in the house and filed an appeal on multiple grounds.

    Dismissing her appeal, the bench, however, granted Manimegalai time till July 31 to vacate, failing which the board could evict her.

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