The procedure for the recovery of damages for unauthorized occupation of public premises is provided under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the Central Civil Services (Pension) Rules, 1972.

Sinha, J.

This writ application is directed against a judgment and order dated 8.3.99 passed by a learned Member of the Central Administrative Tribunal in O. A. No. 492 of 1996 whereby and whereunder the application filed by the respondent No.1 herein for quashing an order dated 14.2.96 directing recovery of the amount of damages assessed by the Estate Officer from the terminal benefits of the respondent No. 1.

2. Mr. Ghosh, learned Counsel appearing on behalf of the petitioner, inter alia, submitted that the arrears of damages/licence fees became recoverable from the respondent inasmuch as although he pursuant to the order passed by the Estate Officer vacated the quarter but did not pay the damages for his unauthorised occupation. It was submitted that the learned tribunal has no jurisdiction to entertain a matter which involves quantification of damages in terms of the provisions of the public Premises (Eviction of the Unauthorised Occupants) Act, 1971 and in support of the said contention reliance has been placed on a judgment of this) Court dated 6.3.2000 in Union of India v. Bhim Chandra Pal.

3. Mr. Banerjee, learned Counsel appearing on behalf of the respondent No.1, however, submitted that in the instant case, the letter dated 14th February, 1998 issued by the Chief Accountant to the Manager, State Bank of India, was wholly illegal. The learned Counsel submitted that Section 14 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 lays down a specific procedure as regards recovery of such damages and any procedure adopted by the authorities contrary thereto would be unauthorised and without jurisdiction.

4. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is a self-contained Code. Section 14 of the said Act, inter alia, provides that in the event of any person's refusal or failure to pay the damages assessed under sub-section (1) of Section 7, the same may be realised by issuance of certificate for the amount due to the Collector and the latter would proceed to recover the same as an arrear of land revenue. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is a self-contained statute. It not only provides for eviction of an unauthorised occupant but also provides for imposition of damages payable by the unauthorised occupant as also the interests and costs. The Estate. Officer appointed in terms of the aforementioned statute may direct the person who has been held to be in unauthorised occupation of a public premises, inter alia, to pay such damages, interest of costs within a specified period, failing which, he can take recourse to the provisions of Section 14 of the Act. By reason of the impugned letter dated 14.2.96, the Manager, State Bank of India, was directed to with• hold a sum of Rs. 1.11 ,888/- by way of damages for unauthorised occupation of railway accommodation as also electrical charges where for he was asked to stop payment of relief of pension to the petitioner respondent No.1 until further orders. Such an order ex facie is illegal and without jurisdiction. Pension cannot be attached in terms of Section 60 of the Code of Civil Procedure. Pension of a retired employee can only be directed to be withheld in terms of Rule 9 of the Central Civil Services (Pension) Rules, 1972 if the conditions precedent therefore are satisfied. In the instant case in terms of Rule 4(0) of the said Rules, 1972, pension 'would include gratuity except when the said term is used in contradiction to gratuity. Terminal benefits by way of pension and gratuity, therefore, can be withheld only as per the procedure laid down in the said Rules and not otherwise. Authorities of the railway administration far less the Estate Manager appointed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 can take recourse to such a procedure. As noticed hereinbefore 1971 Act is self-contained statute. The Estate Officer himself is creature of the statute. Being an Officer