JUDGMENT

S. Mohan, J.

1. Leave granted.

2. The facts in brief in this appeal are as under.

3. The appellant retired as Director General of Income Tax on 28-2-1986. He was informed that his payment of gratuity could not be made till the receipt of "No Demand Certificate" from the Directorate of Estates.

4. While he was working in Delhi, he occupied a pooled Central Government accommodation. The licence fee was fixed at Rs 88 per month. The rules relating to charging of licence fee were amended in June 1976. So, he had to pay damages for use and occupation of the accommodation equal to the market licence fee as might be determined by the Government from lime to time. In May 1979, appellant was transferred out of Delhi. However, he continued to retain the official residence notwithstanding the fact that the allotment was cancelled from 1-7-1979. He was re-transferred to Delhi in 1983 and the allotment was regularised. During the period of his unauthorised occupation, proceeding under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act), the Estate Officer levied damages against the appellant. Against this older of levy of damages, an appea