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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Lallan Thakur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Md. Shabbar Rashidi, J.) :
1. Two appeals are taken up together as they emanate from a common judgment and order dated September 21, 2017 passed in WP No. 29595 (W) of 2016.
2. By the impugned judgment and order the learned Single Judge partly allowed the writ petition filed on behalf of appellant in FMA 801 of 2019 directing the appellants in FMA 802 of 2019 to release the gratuity of the private appellants within four weeks with interest thereon. The learned Trial Court also directed the private appellants to pay the assessed amount of damage rent for unauthorized occupation of Railway quarters within a period of six weeks failing which the Railway authorities were granted liberty to realize the same from the pension of private appellants.
3. Learned advocate for the private appellant submitted that Rule 15 and Rule 16 of the Railway Services (Pension) Rules, 1993 do not provide for determination of rent and damage rent. The damage rent could not have been assessed and levied except according to the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It was contended that the learned Single Judge erred in applying the provisions of eviction.
Eviction can be lawfully executed under public premises legislation when occupancy after a specified period lapses, regardless of retention requests from a former government employee, allowing for re....
A former employee's unauthorized retention of government quarters beyond the permissible period constitutes unlawful occupation, justifying eviction and recovery of related charges from pension benef....
Law prohibits benefits from unauthorized actions; withholding gratuity for valid government dues is lawful.
An employee's retirement benefits cannot be withheld due to family occupation of allotted quarters when the retirement process was followed.
The court determined that gratuity can be withheld if an ex-employee fails to vacate company accommodation, constituting a breach of internal policies.
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