SHYAM NANDAN PRASAD VERMA Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THE dispute in this writ petition only relates to penal rent which the respondents -Rajendra Agricultural University has charged and deducted from the pensionary benefits of the petitioner for his occupying the official quarter for certain period even after his retirement.

(2.) LEARNED counsel for the University submitted that under regulation 11.1 of the Rajendra Agricultural University (Residential Accommodation) Regulation, 1994, the University is entitled to recover penal rent from the employee of the University as a consequence of non -vacation of official quarter on his retirement as per the rate prescribed therein.

(3.) IT is submitted by the learned counsel for the petitioner that in another case bearing C.W.J.C. No. 11883 of 1997 (Akhauri Baban Prasad Sinha vs. Rajendra Agricultural University and others, disposed of on 1.12.1998), this Court did not approve charging of penal rent in the case where the University failed to pay post retiral dues. It is submitted that in the said case Court awarded penal interest to compensate the penal rent which was sought to be charged from the petitioner by the University.