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D. KRISHNAKUMAR, P. DHANABAL
T. Jeevanandam – Appellant
Versus
Regional PF Commissioner-1, Regional PF Commissioner Office, Coimbatore – Respondent
JUDGMENT
(Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed in O.A.No. 1163 of 2018, dated 10.03.2023 by the Central Administrative Tribunal, Chennai Bench, quash the same and consequently to direct the second respondent to repay the withheld amount from the petitioner''s gratuity with due interest.)
P. Dhanabal, J.
This Writ Petition has been filed to quash the order passed in O.A. No. 1163 of 2018, dated 10.03.2023 on the file of Central Administrative Tribunal, Chennai Bench, and consequently to direct the second respondent to repay the withheld amount from the petitioner''s gratuity with due interest.
2. The case of the petitioner is that he worked as Section Supervisor in the office of the first respondent and retired from service on 30.04.2015. During the course of his employment, he was allotted a house bearing Door No. 62 in EFP Staff Quarters for dwelling. Subsequently, he made a request for retention of the Quarters and the same was ordered upto 31.10.2015 by order dated 19.10.2015. However, due to family dispute, he came out from the said
The duty of the petitioner to vacate the Quarters and the liability for charges as per CCS (Pension) Rules, 1972.
The court established that gratuity can be withheld for damage rent due to unauthorized occupation under the Railway Service (Pension) Rules, 1993.
Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.
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....
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....
An employee's retirement benefits cannot be withheld due to family occupation of allotted quarters when the retirement process was followed.
The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.
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