Tamil Nadu: No salary to government staff unless rent arrears paid

Chennai: The Madras high court has prevented the government from disbursing salary to the secretary to the government, revenue department, collector, Tiruvallur and tahsildhar, Madhavaram taluk office, till the disbursal of rental arrears to a 67-year old woman, who let out a building to the taluk office eight years ago.

Coming to the rescue of Farida Shaukath, the owner of the premises where the Madhavaram taluk has been functioning since 2009, Justice S. Vaidyanathan said, “Taluk office is functioning on the premises belonging to her and rental arrears had to be paid and the lease agreement has got to be entered into between the petitioner and the authorities. The petitioner is an old Muslim lady, aged about 67 years, driving her from pillar to post is not justified and the action of the authorities on the issue is perfunctory. Hence, this court finds that there is prima facie substance in the contentions of the petitioner.

In the petition, Farida Shaukath said she is the owner of the premises at Rasimandapam, Madhavaram Red Hills Road, Madhavaram. 

In December 2009, revenue officials, state government, approached her seeking for a lease of the premises to set up Madhavaram taluk office. They agreed to pay a monthly rent of '1.20 lakh. Initially, she feared with regard to letting out the premises to the government. The revenue officials assured that approval already obtained from the government and the lease agreement would be signed for a monthly rent of '1.20 lakh. 

Subsequently, she gave her consent for letting out the premises. On December 22, 2009, the then tahsildar, Pugalendhi, entered the premises and took possession stating that the establishment of taluk office was of great urgency. 

When insisted for the written lease agreement, the authorities assured that it would be done in due course. The revenue inspector issued a letter confirming the functioning of the taluk office in the premises from December 23, 2009. 

Since then she was made to run from pillar to post for inking the lease agreement. Later, the tahsildar informed her that PWD filed a monthly rent of '98,925.

She said the authorities are in possession, enjoyment and occupation of the property. Even though she is entitled to the higher rental amount, even the agreed amount hasn’t been paid. She made a representation to the authorities. As there was no response she filed the petition.

Justice Vaidyanathan said “the lease agreement shall be entered into between the petitioner and the concerned respondent(s) /competent authority within 30 days and the arrears of rent from May 2016, till the date of entering into the agreement, has got to be paid. The monthly rent shall be paid before the 5th of every subsequent month.  Similarly, the arrears of rent will have to be paid within 30 days. Till such time, the secretary to government, revenue department, collector, Tiruvallur and the tahsildhar, Madhavaram taluk office shall not draw any salary and the government shall not disburse their salary to them. After clearing the arrears of rent and after entering into the lease agreement, the entire salary, including the salary arrears shall be disbursed to them.”