it2025_00438 — The daughter of the deceased Mail Guard of RMS, Trivandrum Division was given compassionate appointment as Postman from 27-7-2011. As the family of the deceased lived in the quarter allotted to the deceased Mail Guard from 28-2-2010 to 26-7-2011 without permission, the Applicant has to pay the damage rent. Required licence fee is only to be collected from the Applicant from 27-7-2011 when she joined as Postman on compassionate ground and that the Applicant is not entitled to draw HRA from 27-7-2

IT Rules

The daughter of the deceased Mail Guard of RMS, Trivandrum Division was given compassionate appointment as Postman from 27-7-2011. As the family of the deceased lived in the quarter allotted to the deceased Mail Guard from 28-2-2010 to 26-7-2011 without permission, the Applicant has to pay the damage rent. Required licence fee is only to be collected from the Applicant from 27-7-2011 when she joined as Postman on compassionate ground and that the Applicant is not entitled to draw HRA from 27-7-2011 — Case involving S. Sajitha Rani seeking allotment of quarter after her deceased father's death and compassionate appointment as Postman, with the Tribunal's decision regarding the allotment of the qua... — Facts: The Applicant is the daughter of one Late S. Sadasivan who died in harness while working as Mail Guard of RMS, Trivandrum Division. He left behind his wife and three unmarried daughters. The family continued in Government allotted quarter to Late S. Sadasivan. A request was also made for compassionate ground appointment to the Applicant as Postman in which post the Applicant joined on 27-7-2011. When the compassionate appointment request was pending, the Applicant requested for retention of the quarter allotted in the name of her deceased father. The Applicant on 29-11-2011 submitted an application for allotment of the quarter wherein the Applicant is staying to allot it in her name. Respondents issued a notice demanding damage rent of ₹ 88,500 in addition to other charges. The Applicant promised to pay the damage rent in instalments. The Applicant also states that, when she applied for allotment of quarter no other request for the quarter was pending with Respondents. The Respondents filed a reply to this OA which requested for allotment of the quarter allotted to her deceased father in her name. The Tribunal took the case and issued an interim order, asking the Respondents not to take immediate steps for vacating the quarter. On 1-12-2015, another interim order was passed directing Chief PostmasterGeneral(R-2), to consider her case taking all factors into account. That interim Order, dated 1-12-2015 is reproduced in the judgment. The further development of the case was noted and it is stated that, an Official Junior to the Applicant was allotted a quarter on 19-12-2012. The case of the Applicant was not considered treating occupation of the quarter allotted to her deceased father as unauthorized. As per direction of the Tribunal, dated 1-12-2015, the Applicant was given a personal hearing by R-2 and the quarter was allotted with effect from 2012, the date on which her Junior was allotted a quarter and also her ineligibility for drawal of HRA. The said Letter, dated 1-12-2015 is reproduced so verbatim.As the Applicant joined the service as Postman on 27-7-2011 and occupying the quarter without HRA, the Tribunal after examining the details of the case held that "it is not justifiable for Respondents to gain double advantage out of wrong committed by the family members of the deceased of whom the Applicant is one. The Tribunal is of the view that as long as HRA was not paid to the Applicant on the ground that she is in occupation of Government accommodation, Respondents cannot claim damage rent in respect of the quarters from the time when the Applicant joined service as Postman on 27-7-2011".

IT Rules

The daughter of the deceased Mail Guard of RMS, Trivandrum Division was given compassionate appointment as Postman from 27-7-2011. As the family of the deceased lived in the quarter allotted to the deceased Mail Guard from 28-2-2010 to 26-7-2011 without permission, the Applicant has to pay the damage rent. Required licence fee is only to be collected from the Applicant from 27-7-2011 when she joined as Postman on compassionate ground and that the Applicant is not entitled to draw HRA from 27-7-2011 — Case involving S. Sajitha Rani seeking allotment of quarter after her deceased father's death and compassionate appointment as Postman, with the Tribunal's decision regarding the allotment of the qua... — Facts: The Applicant is the daughter of one Late S. Sadasivan who died in harness while working as Mail Guard of RMS, Trivandrum Division. He left behind his wife and three unmarried daughters. The family continued in Government allotted quarter to Late S. Sadasivan. A request was also made for compassionate ground appointment to the Applicant as Postman in which post the Applicant joined on 27-7-2011. When the compassionate appointment request was pending, the Applicant requested for retention of the quarter allotted in the name of her deceased father. The Applicant on 29-11-2011 submitted an application for allotment of the quarter wherein the Applicant is staying to allot it in her name. Respondents issued a notice demanding damage rent of ₹ 88,500 in addition to other charges. The Applicant promised to pay the damage rent in instalments. The Applicant also states that, when she applied for allotment of quarter no other request for the quarter was pending with Respondents. The Respondents filed a reply to this OA which requested for allotment of the quarter allotted to her deceased father in her name. The Tribunal took the case and issued an interim order, asking the Respondents not to take immediate steps for vacating the quarter. On 1-12-2015, another interim order was passed directing Chief PostmasterGeneral(R-2), to consider her case taking all factors into account. That interim Order, dated 1-12-2015 is reproduced in the judgment. The further development of the case was noted and it is stated that, an Official Junior to the Applicant was allotted a quarter on 19-12-2012. The case of the Applicant was not considered treating occupation of the quarter allotted to her deceased father as unauthorized. As per direction of the Tribunal, dated 1-12-2015, the Applicant was given a personal hearing by R-2 and the quarter was allotted with effect from 2012, the date on which her Junior was allotted a quarter and also her ineligibility for drawal of HRA. The said Letter, dated 1-12-2015 is reproduced so verbatim.As the Applicant joined the service as Postman on 27-7-2011 and occupying the quarter without HRA, the Tribunal after examining the details of the case held that "it is not justifiable for Respondents to gain double advantage out of wrong committed by the family members of the deceased of whom the Applicant is one. The Tribunal is of the view that as long as HRA was not paid to the Applicant on the ground that she is in occupation of Government accommodation, Respondents cannot claim damage rent in respect of the quarters from the time when the Applicant joined service as Postman on 27-7-2011".

Original Rule Text

Original Rule Text