BABURAM SINGH Vs. ORISSA UNIVERSITY OF AGRICULTURE

JUDGEMENT

(1.) THE petitioners are employees of the Orissa University of Agriculture and Technology, Bhubaneswar (for short OUAT). They have approached this Court being aggrieved by the Office Order dated 17th March, 2000 (Annexure -4) issued by the opposite party University imposing market rent/penal rent on them for different periods of their occupation of official quarters by them in consonance with the allotment orders.

(2.) ACCORDING to the petitioners, in consonance with the Orissa University of Agriculture and Technology Employees' (Conditions of Service) Statute, 1989 as well as other guidelines, quarters befitting the status of the petitioners were allotted to them at Bhubaneswar where they were posted. In course of their service the petitioners were transferred to several outlying Research Stations. After serving there, they were again brought back to their original places of posting at Bhubaneswar. They were entitled to retain the quarters allotted to them at Bhubaneswar and, as such, the action of the University to recover market rent/penal rent from their monthly salary in respect of the quarters occupied by them during the period they were away from Bhubaneswar on transfer is unjust and illegal. The letter dated 17th March, 2000, Annexure -4, reads as follows :

(3.) The petitioners further contend that in all the outlying Research Stations to which they had been transferred, quarters befitting their status were available, but they had not occupied the same during their posting at those places. In support of their case, the petitioners also rely upon an Office Order issued by the University dated 31.3.1993, the relevant portion of which reads as follows :