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2000 DIGILAW 449 (PAT)

Geeta Rani Sahay v. T. M. Bhagalpur University

2000-03-23

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. The case relates to allotment of an University Quarter in favour of 1st petitioner, Dr.Geeta Rani Sahay, a Professor, Department of Botany. 2. The brief fact of the case shows that both the husband (2nd petitioner), Dr. Saryugji Sahay and the wife (1st petitioner), Dr. Geeta Rani Sahay, were the employees under the Respondent-Tilka Manjhi Bhagalpur University, Bhagalpur. The husband was allotted Quarter No. L/1, Lalbagh (now numbered as R/3) in which the petitioner was residing with the husband. The husband subsequently retired from the services of the University, whereinafter the petitioner requested to allow her to continue in the said University quarter (New No.R/3). 3. The Respondents while made allotment on the recommendation of the Allotment Committee, vide Office Order No.112/99 dated 14h September, 1999 allotted the Quarter, in question, (New No.R/3) in favour of Respondent, Dr.U.S.Prasad, Reader, Department of Botany and allotted a lower grade quarter, namely, TH/9, Ashananadpur in favour of petitioner. The said order of allotment in favour of Respondent Dr.U.S. Prasad and the other allotment in favour of petitioner, are under challenge. 4. The counsel for the petitioner has placed reliance on draft rule prepared by the Allotment Committee which made recommendation on 10th August, 1965. It appears that the same was accepted by the Syndicate, vide Item No.4 in its meeting dated 14th August, 1965. In terms with the said Rule relating to allotment of quarters, a teacher in the Lecturer grade with service less than 8 years while eligible for allotment of Junior lecturers quarters, persons having completed eight years, have been made eligible for allotment of Senior Lecturers quarters. 5. The counsel pointed out the marking of quarters and submitted that P denotes the quarters earmarked for Professors; R denotes the quarters for Readers; 1 are the quarters meant for Lecturers; and the JL quarters meant for Junior Lecturers. It was further submitted that the petitioner being a Professor and the Respondent-Dr. U.S.Prasad, being Reader, taking into consideration that the petitioner was already residing in the quarter (New-R/3 and old-L/1), should have been allotted the same very quarter. 6. The Respondents-University in their counter affidavit while taken plea that the petitioner has also been allotted a quarter, nothing specific pleaded relating to the grades of quarters meant for one or other grade teachers. 6. The Respondents-University in their counter affidavit while taken plea that the petitioner has also been allotted a quarter, nothing specific pleaded relating to the grades of quarters meant for one or other grade teachers. It has not been disputed that the petitioner was promoted as Professor prior to the issuance of the impugned order dated 14th September, 1999, while the Respondent-Dr.U.S.Prasad still holding the lower post of Reader. Mere plea taken is that the Commission gave concurrence of such promotion of petitioner, as Professor, four days after the issuance of the impugned order dated 14th Sept. 99. 7. In spite of notice, the Respondent-Dr. U.S. Prasad did not choose to contest the case. 8. In the facts and circumstances, the petitioner being Professor, and as she is residing in the quarter, in question, since prior to the issuance of the impugned order and is also entitled to get an allotment of quarter of at least R type, hold that the Respondents should have allowed the petitioner to continue in the quarter in question. 9. Accordingly, I set aside the order of allotment of quarters, as contained in Memo dated 14th September, 1999(An-nexure-7), so far as it relates to petitioner and the Respondent-Dr. U.S. Prasad and remit the case to the Respondents to allot the quarter, in question (Old-L/1 and new-R/3) at Lalbagh, in favour of petitioner. 10. The writ petition is allowed with the aforesaid observations and directions.