H P SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed this petition under Article 226/227 of the Constitution of India for quashment of the order dated 9.11.06 (Annex.P/6) passed by respondent No.4 Civil Surgeon cum Superintendent, District Hospital Katni whereby the direction to deduct the sum of penal rent, with respect of the Govt. quarter allotted to the petitioner when he was in service, from the sum of his retiral benefits, has been given.

(3.) After taking me through the averments of the petition as well as the papers placed on record including the impugned order Annex.P/6, petitioner's counsel by referring the decision of the Apex Court in the matter of Gorakhpur University Vs. Shitla Prasad Nagendra, 2001 AIR(SC) 2433 as also of this Court in the matter of Dr. H.K.Saxena Vs. Dr. Harisingh Gaur Vishwavidyalaya, Sagar and another, 2003 4 MPHT 217 argued that even after retirement if the quarter is not vacated by the employee within the prescribed period, the sum of the penal rent could not be directed to be recovered from the terminal benefits which were payable to the employee on the date of retirement and in the background of such principle he pointed-out that the present petitioner was retired in the year 1990 and vacated the premises in the year 1996 in view of the aforesaid legal position the impugned order directing recovery of penal rent from his terminal benefits, is not sustainable and prayed for admission and allowing this petition.