1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.9916/2008 Vijay Kumar Bhargava Versus Director General & Inspr.General Jail Date of order ::: April 27,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Suresh Sharma, for the petitioner Ms.Priyanka Pareek, Dy. Govt.Counsel BY THE COURT (1) The case has come up on the application of the petitioner for waiving penal rent of Rs.6,228/- per month from 15.7.2008 to 14.1.2009 vide order dated 13.1.2009. (2) With the consent of counsel for both the parties, this writ petition is being decided finally at admission stage. (3) This Court vide order dated 10.9.2008 stayed the operation of the transfer order of the petitioner dated 28.6.2008 whereby the petitioner was first transferred from Ajmer to Jaipur and then from Jaipur to Jodhpur subject to the condition that the petitioner 2 had not been relieved by that time. (4) Counsel for the State submits that the petitioner had joined at Jodhpur but retained the government accommodation at Jaipur. (5) Counsel for the petitioner submits that only after four months, the petitioner will attain the age of superannuation, therefore, at least the petitioner may be allowed to retain the government accommodation (House No.5) as per the normal deduction of the rent. Alternatively, the counsel further submits that the petitioner has not taken the government residential accommodation at Jodhpur and therefore, his case deserves sympathetic consideration. (6) I have gone through record of the writ petition and further considered rival submission of counsel for the parties. (7) The power to waive penal rent lies with the Government and in my opinion, the petitioner who is stated to be suffering from Diabetes, blood pressure and heart ailment and further has not taken government residential accommodation at Jodhpur, his case for waiving the penal rent deserves to 3 be considered sympathetically.The appropriate orders be passed within a period of one month. (8) The writ petition is disposed of, as indicated above. (PREM SHANKER ASOPA) J. Gopal