IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 21117 of 2010(L) PETITIONER: --------------- T.A.GOPI, THOPPIL HOUSE, VELLANISSERY, MADAKKATHARA P.O., THRISSUR DISTRICT. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS: --------------- 1. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR. 2. SENIOR DEPUTY COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRICULTURAL UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 21117 OF 2010 L ------------------------------------------------------ Dated this the 4th day of October, 2010 JUDGMENT The petitioner was a labourer in the Agriculture Research Station of the Kerala Agricultural University. He retired from service on 31.12.2007. The petitioner was allotted a family quarters and he was paying Rs.128/- per month as rent. Even after retirement, the petitioner did not vacate the quarters. Probably, he continued to occupy the quarters on the ground that his retirement benefits were not given to him. 2. As per Ext.P1 letter dated 3.3.2010 issued by the University, a sum of Rs.82,080/- was claimed from the petitioner as rent for the quarters, fixed as per the Rules. That amount was sought to be recovered as per Ext.P1 from the pensionary benefits of the petitioner. A statement showing how the figure was arrived at, was also appended to Ext.P1. In Ext.P1 it is stated that though the petitioner retired from service on 31.12.2007, he did not vacate the quarters, in spite of repeated requests and reminders. Therefore, W.P.(C) NO.21117 OF 2010 :: 2 :: as per the Rules, he is liable to pay penal rent. On receipt of Ext.P1, the petitioner made Ext.P3 representation to the Vice Chancellor, Registrar and Section Officer of the University, requesting to absolve the petitioner from payment of penal rent and to disburse the pensionary benefits to him. Ext.P1 is under challenge in this Writ Petition (though erroneously mentioned as Ext.P2 in the relief portion of the Writ Petition). 3. A statement is filed on behalf of the respondents wherein it is stated that in spite of repeated requests, the petitioner did not vacate the quarters. 48 applicants were in the waiting list for allotment of quarters. The penal rent was fixed on the basis of Ext.R2 Rules. Ext.R3 is produced to show that the University has revised the standard rent and penal rent payable by unauthorised occupants. Even though Ext.R4 notice was issued on 16.10.2009, the petitioner did not vacate the quarters. In these circumstances, rent and penal rent payable by the petitioner were fixed as per Ext.P1. 4. The learned counsel for the petitioner submitted that the petitioner was a labourer and he retired from service. The retirement W.P.(C) NO.21117 OF 2010 :: 3 :: benefits were not disbursed to him within reasonable time. The petitioner was living in impecunious circumstances and therefore, he could not vacate the quarters and live in a rented house, particularly when the retirement benefits were not disbursed to him. It is submitted that the petitioner did not deliberately violate the Rules. The petitioner expressed his regret for the inconvenience caused to the University. 5. On 7.9.2010, the Standing Counsel appearing for the Agricultural University was directed to get instructions as to whether some leniency could be shown in favour of the petitioner in the matter of computing penal rent, without taking it as a precedent. The Standing Counsel appearing for the University submitted, on instructions, that the University will reduce the amount to the maximum extent possible. It is submitted that the amount will be fixed taking into account the standard rent and no penal rent for the period during which the petitioner overstayed in the quarters will be charged. The stand taken by the Kerala Agricultural University is certainly graceful. The only submission made by the Standing Counsel is that this instance should not be taken as a precedent and the other employees of the University should not take this order as a W.P.(C) NO.21117 OF 2010 :: 4 :: refuge to overstay in the quarters disobeying the instructions issued by the University. The submission made on behalf of the respondents is just and reasonable. The learned Standing Counsel also submitted that the petitioner may appear before the Registrar and express his regret in writing for the overstay in the quarters and thereafter, the respondents will pass appropriate orders refixing the rent after waiving the penal rent. After fixing the rent payable by the petitioner and after deducting the same from the retirement benefits of the petitioner, the balance shall be disbursed to the petitioner without delay. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/