Santosh Kumar Singh v. Vice Chancellor Allahabad University and 4 Others

Court No. - 35 Case :- WRIT - A No. - 18276 of 2023 Petitioner :- Santosh Kumar Singh Respondent :- Vice Chancellor Allahabad University And 4 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- Diptiman Singh,Diptiman Singh Hon'ble Vikas Budhwar,J. Heard Sri Krishna Mohan Misra, learned counsel for the petitioner and Sri Diptiman Singh learned counsel, who appears for respondents 1 to 5. The case of the writ petitioner is that he was initially appointed as Junior Engineer (Civil) in the University on 26.02.1988. It is the further case of the writ petitioner that he is living in his own accommodation and not with the accommodation providing by the University. Now all of a sudden an order has been passed on

19.6.2023 of the Vice Chancellor of the University and a consequential order dated 27.6.2023 of the Estate Officer whereby reduction has been made in the House Rent Allowance in the electricity dues. Learned counsel for the writ petitioner submits that no proceedings known to law were resorted and further without putting the writ petitioner to notice the deductions have been made. Sri Diptiman Singh learned counsel, who appears for respondent University has produced before this Court a set of four documents. According to him once it was noticed by the University Administration that the writ petitioner along with others were unauthorisedly occupying the official accommodation without there being any allotment in their favour thus a committee was constituted which inspected and found that the writ petitioner herein was unauthorisedly occupying the accommodation. He further relies upon a communication/representation of the writ petitioner dated

13.09.2023 to the Registrar, University of Allahabad whereby a request had been made that the deductions be not made and he further seeks to rely upon certain noting so as to suggest that though the writ petitioner has vacated the official accommodation but he is liable to pay H.R.A. which he has unnecessarily claimed and also electricity bills. At this juncture, Sri Diptiman Singh submits that in case the writ petitioner represents his cause before the third respondent, Estate Manager, Allahabad University, Allahabad then it shall deal with the contentions of the writ petitioner. He further submits that he does not propose to file any response to the writ petition. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the third respondent, Estate Manager, Allahabad University, Allahabad, by 12th December, 2023 and on the receipt of the same the third respondent shall decide the claim of the writ petitioner by 22th December, 2023. In case the third respondent is of the opinion that the matter needs to be addressed by any other authority then the papers be transmitted to it with due communication to the writ petitioner. Any deduction made therein shall be subject to the final orders to be passed therein. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Instruction filed today is taken on record and marked as Appendix-A. Order Date :- 28.11.2023 A. Prajapati High Court of Judicature at Allahabad