H K SAXENA Vs. HARISINGH GAUR VISHWAVIDYALAYA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 13-1-1997 by which the amount of gratuity and provident fund has been adjusted against the penal rent and for a direction to the respondents to make payment of this amount to the petitioner.

(2.) IT is not in dispute that the petitioner retired from the post of Professor of Dr. Harisingh Gaur University, Sagar on 31-7-1990. An amount of Rs. 72,000/- was payable to him as gratuity and an amount of Rs. 26,754/- as provident fund. The petitioner was allotted a quarter by the University while in service and he remained in its occupation after retirement upto 16-6-1996. The University computed the penal rent of this quarter at Rs. 1,02,352/- and adjusted the amount of gratuity and provident fund against the same by the impugned order dated 13-1-1997 (Annexure P-5) and asked the petitioner to pay the remaining amount of Rs. 4,598/ -.

(3.) THE petitioner's case is that there was no timely payment of his gratuity and provident fund and for that reason he could not complete the construction of his own house and had to remain in occupation of the University quarter. He is not liable to pay penal rent because of the delay in the payment of his retiral dues. According to him his dues could not be legally adjusted against the alleged penal rent.