T A GOPI Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner was a labourer in the Agriculture Research Station of the Kerala Agricultural University. He retired from service on 31.12.2007. The petitioner was allotted a family quarters and he was paying Rs.128/- per month as rent. Even after retirement, the petitioner did not vacate the quarters. Probably, he continued to occupy the quarters on the ground that his retirement benefits were not given to him.

(2.) As per Ext.P1 letter dated 3.3.2010 issued by the University, a sum of Rs.82,080/- was claimed from the petitioner as rent for the quarters, fixed as per the Rules. That amount was sought to be recovered as per Ext.P1 from the pensionary benefits of the petitioner. A statement showing how the figure was arrived at, was also appended to Ext.P1. In Ext.P1 it is stated that though the petitioner retired from service on 31.12.2007, he did not vacate the quarters, in spite of repeated requests and reminders. Therefore, as per the Rules, he is liable to pay penal rent. On receipt of Ext.P1, the petitioner made Ext.P3 representation to the Vice Chancellor, Registrar and Section Officer of the University, requesting to absolve the petitioner from payment of penal rent and to disburse the pensionary benefits to him. Ext.P1 is under challenge in this Writ Petition (though erroneously mentioned as Ext.P2 in the relief portion of the Writ Petition).

(3.) A statement is filed on behalf of the respondents wherein it is stated that in spite of repeated requests, the petitioner did not vacate the quarters. 48 applicants were in the waiting list for allotment of quarters. The penal rent was fixed on the basis of Ext.R2 Rules. Ext.R3 is produced to show that the University has revised the standard rent and penal rent payable by unauthorised occupants. Even though Ext.R4 notice was issued on 16.10.2009, the petitioner did not vacate the quarters. In these circumstances, rent and penal rent payable by the petitioner were fixed as per Ext.P1.