LAQLJIT PASWAN Vs. ASSAM AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner, a Professor in the Department of Horticulture, Assam Agricultural University (AAU), is aggrieved by Annexure-9 letter dated 08. 07. 03 by which he has been directed to refund an amount of Rs. 1,19,506/- stated to be the outstanding balance amount of the House Building Advance (HBA) he had obtained in the year 1999. The petitioner is aggrieved by the calculation of the amount taking into account the interest @ 13. 5% and penal house rent @ 30% of pay.

(2.) THE petitioner applied for HBA and his prayer was acceded to by Annexure-I order passed on 16. 10. 98. The HBA was to the tune of Rs. 1,25,000/- payable in two instalments of Rs. 62,000/- and Rs. 63,000/ -. The terms and conditions of the HBA were incorporated in the order itself of which Clause-iv, v and vi which have been referred to by Mr. B. D. Das, learned counsel for the petitioner are quoted below:

(3.) AFTER the aforesaid order, the petitioner was provided with 1st instalment of Rs. 62,000/- by Annexure-2 letter dated 23. 02. 99, followed by 2nd instalment of Rs. 63,000/- by Annexure-3 letter dated 17. 03. 99. According to the petitioner, although he took the HBA, he could not construct the house because of various reasons. However, the respondents have denied the same in their counter affidavit. In the meantime, Annexure-4 Regulation for allotment and vacation of residential house, AAU as amended upto 03. 09. 01 came in to being. Clause 6 of the said Regulation provides thus: