Recovery of govt dues

sheela (Querist) 01 May 2013 This query is : Resolved
My late father had retired from central govt. service in March, 2008. Last year he received a bill for payment of Rs50k as arrears on a/c of enhanced rent of govt accommodation we were occupying. The arrears pertained to period 1991-2001. Can we the legal heirs claim that the recovery is barred by limitation.

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ajay sethi (Expert) 01 May 2013
you have used the accomodation . pay the dues . if you have not inherited any money from your father then dont pay .

prabhakar singh (Expert) 01 May 2013
You state your father is retired but received bills last year only.

From this information i presume your father is alive still though not told by you.

Then in presence of your father no question of heirship arises.

To pay or not to pay is a decision to be taken by your father.

In his absence it would be liability upon his estates left and not personally upon his legal heirs.

Most of the time govt. rules it's due to be recoverable as arrears of land revenue,the procedure of which is not that of a suit and no plea of limitation would be available for those proceedings.

Guest (Expert) 01 May 2013
First of all, your father would have received notice for recovery of license fee for use of Government accommodation, not for rent, as the dues for the use of Government quarters fall within the category of license fee.

Secondly, recovery of Government dues is not governed under the law of limitation.

R.K Nanda (Expert) 01 May 2013
agree with sethi.

prabhakar singh (Expert) 01 May 2013
Where did i disagree?

Raj Kumar Makkad (Expert) 01 May 2013
None has disclosed that Mr. Singh is not agree.

Raj Kumar Makkad (Expert) 01 May 2013
A licensor has got no legal right to sue-motto enhance the rate of license with retrospective effect like in the given case (from 1991-2001) for the past period without due notice to the licensee.

The recovery notice is against natural justice. You should duly get it replied and then should challenge it before civil court.

P. Venu (Expert) 01 May 2013
The query is deficient in relevant information. What is the reason for this revision? Some unimplemented general orders or any special or unusual circumstances?

As a rule, all recoveries against licence fee is settled before making final payment of Gratuity.

Raj Kumar Makkad (Expert) 01 May 2013
If the author has suppressed some facts of the case with him then let him suffer.

Sudhir Kumar, Advocate (Expert) 25 May 2013
After retirement, certain portion of DCGR is withheld for adjustment of dues from Govt accommodation and if such portion is release by now then the dues are not enforceable. Let the estate deptt file a civil suit.

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