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The Delhi High Court has refused to grant any relief to a retired Indira Gandhi National Open University (IGNOU) professor and requested him to pay the whole licence charge at market hire for over two months for overstaying at the residential advanced allotted to him by the varsity observing “compassion beyond the law is not permissible”.
A single-judge bench of Justice Prathiba Singh issued the order observing that “no further leniency can be extended” after noting that IGNOU had given enough time to the petitioner professor PR Ramanujam for vacating the premises.
“Accordingly, it is directed that for the month of June and July 2020, the Petitioner would be liable to pay the entire license fee at market rent which is 65 times of the license fee. For the month of August 2020 the petitioner would be liable to pay 1/3rd of the proportionate market rent as he had vacated the premises on 10th August 2020,” the order issued on Thursday mentioned.
The High Court directed the petitioner to pay the quantities as decided, inside eight weeks, failing which the identical could be entitled to be recovered, in accordance with the legislation.
The bench was listening to a petition filed by professor Ramanujam, in search of setting apart IGNOU’s orders dated May 21, 2020, and June 5, 2020, and in search of one month’s time to vacate the residential lodging allotted to him citing his incapacity.
Ramanujam, a founding member of IGNOU and a retired Professor, was superannuated from the college on August 31, 2019. During his tenure at IGNOU, he was allotted residential lodging at the Asiad Village.
The petitioner had, by way of an e-mail dated September 4, 2019, sought an extension to retain the allotted flat, as per the House Allotment Rules, for a complete interval of eight months from his superannuation. On April 24, he had once more written to IGNOU Vice Chancellor in search of an extra extension for a interval of six months due to COVID-19 lockdown.
The competent authority had, by way of an e mail dated May 21, 2020, granted permission to retain the flat for one other 5 months however on cost of 65 occasions the conventional license charge. Further communications have been once more issued on May 29, 2020, and June 5, 2020, reiterating the stand of the varsity that as per the choice of the House Allotment Committee, retention of the flat past May 31, 2020, would solely be on cost of relevant market hire.
“Compassion beyond the law is not permissible. The Allotment Rules and the binding Notification make it quite clear that any person who overstays would have to pay the damages as applicable. The Petitioner having held such a high position – stated to be the second-highest position in IGNOU, ought to be equally bound by the rules that apply,” the order mentioned.
“This Court has also granted the Petitioner extension till 10th August 2020. Force majeure conditions would not mean that payment, which the Petitioner is liable to make, can be completely discounted,” it added.
The High Court additionally famous that the House Allotment Committee took particular care to take into account the petitioner’s incapacity case and he has retired in August 2019, six-seven months earlier than the outbreak of the COVID-19 pandemic.
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