IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14194 of 2009 1. DR.RAMAGYA THAKUR S/O RAMDAS THAKUR FLAT NO. 106, VISHAL PLAZA, MAURYA PATH, KHAJPURA, P.S- SHASTRI NAGAR, TOWN AND DISTT- PATNA Versus 1. RAJENDRA AGRICULTURAL UNIVERSITY BIHAR, PUSA, SMASTIPUR, THROUGH ITS REGISTRAR, HAVING OFFICE AT PUSA, SAMASTIPUR 2. THE VICE CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 3. THE COMPTROLLER RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR,PUSA, SAMASTIPUR ----------- 2 29.1.2010 Heard Counsel for the petitioner and the counsel appearing for the Rajendra Agricultural University, Pusa at Samastipur. Petitioner was working as Chief Scientist (Rice) in Rajendra Agricultural University, Pusa, Samastipur and retired from service on 31.1.2001. After his retirement, he was appointed as Principal Investigator under the I.F.A.D. Scheme with effect from 1.2.2001 and continued on this post till 21.5.2004. Thereafter he was appointed as Emeritus Scientist, for one year and that period expired on 21.5.2005. Till the date petitioner was working as Principal Investigator, he occupied the residential quarter of the University. Even after his retirement, on account of his continuation on the post of Principal 2 Investigator and thereafter as Emeritus Scientist, he occupied the residential quarter of the University. Till the date he continued on the post of Principal Investigator, the University realized normal rent from the petitioner for the quarter he had occupied but penal rent was realized from the petitioner for the period 22.5.2004 to 30..4.2005. This application has been filed by the petitioner for a direction to the respondents to refund the amount of penal house rent realized from him by the respondents, to the tune of Rs.75,354.80 paise. It has been submitted by the petitioner’s counsel that being the Emeritus Scientist, he was entitled for availing the benefit of residential house in terms of Rajendra Agricultural University (Residential Accommodation) Regulations, 1994. The penal rent has been realized by the respondents in violation of provisions under the regulation. Counter affidavit has been filed on behalf of the respondent, authorities of the 3 Rajendra Agricultural University. In para 5 of the counter affidavit, it is stated that the penal rent has been realized from the petitioner only for the period 22.5.2005 to 30.4.2005 as he was not entitled to avail the same as Emeritus Scientist. In contradiction to the statement made in para 5 of counter affidavit, in para 7 it is stated that in terms of Annexure-2 to the writ application i.e. Letter issued by the Director Administration of Rajendra Agricultural University, Bihar (Pusa) Samastipur, the petitioner being Emeritus Scientist was entitled for availing the facility of residential quarter till date he remained as Emeritus Scientist. There is admission in the counter affidavit that the petitioner’s tenure as Emeritus Scientist has expired on 21.5.2004. Considering the statement made in paragraphs 5 and 7 of the counter affidavit, realization of penal rent for the period 22.5.2004 to 30.4.2005 was completely in violation of Annexure-2 as well as the regulation, relating to entitlement of 4 petitioner’s for availing the benefit of residential quarter of the University in terms of Rajendra Agricultural University (Residential Accommodation) Regulation, 1994. This application is allowed. Respondents are directed to refund the amount realized as penal house rent from the petitioner to the tune of Rs.75,354.80 paise within a period of four weeks from the date of production/communication of the order. Though petitioner wants a direction for statutory interest but no order is passed in this regard. (Mridula Mishra,J.) A.Kumar