The entitlement of family members to free accommodation after the death of an employee, the procedures under the Public Premises Act, and the rights of the petitioner to approach the competent authority for the withheld amounts.

JUDGMENT

Jaspal Singh, J. - Through the instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of certiorari, quashing letter/memo dated September 29, 2005 (Annexure P-18) issued by respondent No.4; for issuance of a writ in the nature of mandamus, directing the respondents to make payment of Rs. 3,50,000/- on account of Teachers Welfare Scheme and Teachers Welfare Fund and Rs. 46,000/- on account of arrears of pay of petitioner's husband alongwith interest; for issuance of a writ in the nature of mandamus, directing the respondents to pay interest @ 18% per annum on account of delayed payment of arrears of pension/pensionary benefits from the date they were due till date of actual payment as well as sought stay of operation of letter/memo dated September 29, 2005 (Annexure P-18) and recovery of amount of Rs 3,54,125/-.

2. Vide order dated March 09, 2007, case was admitted for hearing and the impugned order was stayed till pendency of instant petition.

3. Petitioner is w/o late Dr. Surinder Pal Singh who was working as Senior Soil Chemist in the Department of Soils, Punjab Agriculture University, Ludhiana since January 27, 1978. Husband of petitioner died during service on August 29, 2000 leaving behind his wife, minor daughter, sister Gurinder Kaur and mother Gurdial Kaur. At that time, he was occupying house No.10/33 allotted in his name on June 24, 1999. On September 01, 2000, University authorities sealed the said house as per orders of Vice Chancellor. Petitioner alongwith her minor daughter were granted legal heir certificate from the Deputy Commissioner, Ludhiana on November 02, 2000. The same was submitted on November 05, 2000 with Estate Officer, PAU, Ludhiana, but despite that, she was not allowed to enter the house in question whereas as per University Rules, family of a deceased employee is provided free accommodation for one year from the date of death of the employee.

4. It is pertinent to mention here that Gurinder Kaur, married sister of petitioner's husband had filed a suit for permanent injunction on September 13, 2000 on the basis of an unregistered Will for restraining the University to release any amount in the shape of GP Fund, Gratuity, Pensionary benefits to petitioner and her minor daughter, wherein the court issued an ex-parte status quo order to the University.

5. Petitioner wrote letters dated February 28, 2001 and June 14, 2001 to the Vice Chancellor, requesting him to hand over the belongings of her husband to her or to shift the same to some common place and in this way, she can be spared from penal rent deductions.

6. Vide letter dated June 20, 2001, petitioner and her sister-inlaw Gurinder Kaur were asked to be present at House No.10/33, PAU Campus on July 06, 2001 so that articles lying in the house can be shifted at a safe place till decision in the aforesaid civil suit. On July 06, 2001 petitioner was present at the given place but Gurinder Kaur sent a legal notice that as per order of the court, said house cannot be opened because of status-quo order.

7. Meantime, Registrar, PAU, Ludhiana filed a petition under the Public Premises (Eviction of unauthorised occupants) Act, 1971 against petitioner, Gurinder Kaur and Gurdial Kaur (mother of petitioner's husband) for their eviction from the premises and for realization of licence fee at normal rate w.e.f. August 29, 2000 to August 28, 2001 and damages w.e.f. August 29, 2001 onwards till its vacation i.e. Rs. 10,000/- per month plus electricity & water charges for unauthorised use and occupation of the said house alongwith cost of the suit. In pursuance to the aforesaid petition, respondent No.3 issued a show cause notice dated January 24, 2003 to petitioner & others which was duly replied by the petitioner vide her letter dated February 03, 2003. Petitioner received another notice from the respondent No.2 for hearing of suit on March 20, 2003 and to produce all eviden