(1.) THE petitioner, who is a retired Professor of Physics of Berhampur University, has filed this writ application challenging the order dated 3.8.2002 issued by the University Authorities revising the licence fee (house rent) in respect of its quarters during the period from 01.08.1991 to 30.06.2001 as per Annexure -1 as well as the order dated 27.08.2002 directing recovery of the arrear licence fee (house rent) as indicated in Annexure -5.
(2.) THE brief facts giving rise to the writ application are that the petitioner, during the tenure of his service under the University, was allotted with a quarters by the University. After his retirement on 31.7.1999, he retained the quarters for a period of one year. During that period, the petitioner had paid the up -to -date rent and penal rent at the prevalent rate. In pursuance of the resolutions of the State Government dated 1.8.1991 and 18.9.1998, vide Annexures -2 and 3 respectively, revising the licence fee (house rent) in respect of Government quarters with effect from 1.8.1991 and 1.10.1998, the University by office order dated 3.8.2002, vide Annexure -1, revised the licence fee (house rent) at the rates indicated therein in respect of different category/type of quarters of the University from 1.8.1991 and from 1.10.1998. In pursuance of the aforesaid resolution, the Syndicate took a decision on 18.07.2001. A letter was issued on 27.08.2002 by the Development Officer of the University to the Comptroller of Finance to recover the arrear licence fee of the retired teachers as mentioned therein against their names for the period as indicated above and the amount to be recoverable from the petitioner was Rs. 1,13,591.80. This amount was further revised and reduced to Rs. 82,983.00 as mentioned in paragraph -16 of the counter affidavit.
(3.) IN the counter affidavit filed by opposite parties 1 and 2 through the Development Officer, Berhampur University, a stand was taken that, in the note of the Accountant General, Orissa, it has been mentioned that scrutiny of the records of the Registrar, Berhampur University (May 2000/May 2001) revealed that though the University had framed its own Rules for allotment of residential quarters in the Syndicate Resolution made in September, 1994, it did not take into account the enhanced licence fee effected in Government from time to time for fixation of the licence fee recoverable from the employees of the University occupying different residential quarters under their control, even though house rent allowance was paid at revised rates as fixed by the Government.