Chennai: The regional bench of the Armed Forces Tribunal, Chennai, set aside the eviction order issued by the Indian Army directing a colonel to vacate his government quarters in Belgaum. The Army issued the eviction order while he was studying MBA after obtaining study leave.
In the petition, Colonel P.L. Jayram submitted that he was commissioned in the Indian Army in 1989 and allotted government married accommodation at Belgaum later. He applied for study leave to study MBA from September 2012 to June 2014 in Belgaum. This was accorded. However, when he applied for retention of the accommodation at Belgaum, the Station Commander, Belgaum Military Station, refused it. He obtained a status quo order in the civil court, Belgaum, in December 2012.
Notwithstanding this, the station commander issued a showcause notice in December 2012 and issued an eviction order on June 15, 2013. He also issued an order on June 21, 2013, to charge damage rate of rent. After completing MBA in August 2014 he returned from study leave and joined duty at Belgaum, and was later posted to Chennai.
Meanwhile, the Dharwad bench of the Karnataka high court directed the authorities to allow him to retain the accommodation till the completion of his daughter’s final year B.E. course in June 2015. He vacated the premises on June 30, 2015 and damage rate of rent was recovered from him in May 2016. In their reply, the authorities stated that Special Army Order rules were followed in issuing the orders.
Quashing the eviction order, the bench comprising judicial member Justice S.S. Satheesachandran and administrative member Lt Gen K. Surendra Nath said that this was against the rules and therefore, not sustainable.
The bench also directed the authorities to reimburse the damage rate of rent to him for the period from November 25, 2012 to June 30, 2014, after deducting the normal rate of rent for the period of his occupation.
