- (1.) D. S. Sinha, J. Heard Dr. R. G. Padia, learned Senior Advocate appearing for the petitioner, Sri Dilip Gupta, learned Counsel representing the respondent Nos. 1, 2 and 3 and Sri S. G. Hasnain, learned Additional Chief Standing Counsel ap pearing for the respondent Nos. 4 and 5.
(2.) THE grievance of the petitioner is that he has not been paid his pension for the period between 1st July, 1990 and 30th September, 1997. He also complains that the other retiral benefits, such as provi dent fund, have not been paid. The reason for withholding the pension and the other retiral benefits given by the respondents is that penal house rent in respect of the house oc cupied by the petitioner during the tenure of service and thereafter is due from the petitioner. The petitioner, a Professor of Gorakhpur University, retired from ser vice on 30th June, 1990. But, continued to occupy the official residence till 25th March, 1996. It is not disputed that he could retain the house for a period of four months after retirement Le. Up to 31st Oc tober, 1990. Thereafter, he was liable to pay penal rent in respect of the occupation of the house.
(3.) THE Court is not adjudicating upon the question whether penal rent for the alleged unauthorised occupation of the house is realisable from the petitioner or not? What concerns the Court is whether the pension and other retiral benefits pay able to the petitioner can be withheld on account of the alleged dues towards penal rent for the alleged unauthorised occupa tion of the house. In Civil Misc. Writ Petition No. 2172 of 1996 Sri S. N. Mathur v. Gorakhpur University, Gorakhpur and Ors. , a Division Bench of this Court considered the identi cal question, at length and in detail and after examining the decisions of the Hon'ble Supreme Court rendered in R. Kapur v. Director of Inspection (Painting and Publication) Income Taxand Anr. , (1994) 6 SCC 589 and Som Prakash v. Union of India, AIR 1981 SC 212, held that pension and other retiral benefits cannot be with held or adjusted or appropriated for the satisfaction of any dues outstanding against the retired employee.;