- (1.) Heard learned advocate Mr.N.K.Majmudar on behalf of the petitioner and learned AGP Mr.K.L.Pandya for respondent - State Authority.
(2.) The brief facts giving rise to the present petition are as under : The petitioner was appointed as T.T.C. Operator on 1st June, 1968 and the petitioner has been superannuated on 31st October, 1998. According to the petitioner, in the year 1980, the petitioner was posted in Madhuvan Colony under Daman Ganga Project. That there is colony for Irrigation and P & W Department employees at the place known as Madhuvan. According to the petitioner, at that time, the petitioner was allotted bigger quarter being No.3/A/112 in the year 1985. Thereafter, the petitioner was transferred from aforesaid place to Jamnagar District at Sani Dam. However, since the children of the petitioner were studying at Madhuvan and the petitioner was not allotted a quarter at Jamnagar, the petitioner had remained continued in occupation of the quarter in question at Madhuvan Colony. Thereafter, the petitioner was transferred from Jamnagar District to Baroda District in the year 1989. Thereafter in Baroda also, no quarter was allotted to the petitioner and children of the petitioner were studying, the petitioner had continued occupation of the quarter at Madhuvan Colony. Thereafter, a letter dated 17th March, 1994 came to be issued by the Deputy Executive Engineer, Baroda Office wherein it was mentioned that after transfer of the petitioner, the petitioner has not vacated the quarter and therefore, it was asked to the petitioner to pay the rent at the rate of Rs.139/- per month for 96 months which came to Rs.14,639/-. In response to the said letter, request was made by the petitioner to deduct a sum of Rs.500/- per month from the salary of the petitioner and same was deducted by the respondent. Thereafter, the petitioner had paid rent of Rs.139/- per month upto February, 1997. The respondent, thereafter, had fixed the rent at the market rate of the said Madhuvan quarter in question vide letter dated 18th November, 1996 at the rate of Rs.1920/- with effect from 1991 with retrospective effect and for 60 months it was asked to the petitioner to pay a sum of Rs.1,16,490/consisting of Rs.1,15,200/- towards the rent for 60 months and other charges. On 15th October, 1998 the petitioner was served with a notice by the Executive Engineer, Daman Ganga Project Office in which it was mentioned that he is the competent authority under the Gujarat Public Premises [ Eviction of Unauthorised Occupancy ] Act, and in that capacity, he has issued the said notice regarding the quarter in question. Thus, the petitioner was, by way of the said notice, asked to pay the rent at the rate of Rs.1920/- per month and accordingly to pay a sum of Rs.1,80,621/- at the rate of Rs.1920/- with effect from 1st January, 1991 and the amount was found to be due upto May, 1998. That said notice was replied by the petitioner on 20th November, 1998 and meanwhile, the petitioner has been retired from service on 31st October, 1998 and he has handed over the possession of the quarter in question on 31.12.1998. It is case of the petitioner that after retirement of the petitioner, no due certificate has not been issued in favour of the petitioner by the Department because arrears of the amount of market rent has not been paid by the petitioner. Therefore, part of the benefits of pension and gratuity has been withheld by the Department but out of the said amount, the respondent has paid a sum of Rs.1,16,300/- to the petitioner on 5th February, 2001 while deducting Rs.1,86,909/- from the amount of gratuity and pension which was available to the petitioner.
(3.) Learned advocate Mr.N.K.Majmudar appearing on behalf of the petitioner has submitted that now except the withheld amount of Rs.1,86,990/- which includes the amount of gratuity to the tune of Rs.1,32,712/- and the part of pension amount out of total amount of Rs.1,17,497/-. Learned advocate Mr.Majmudar also pointed out that because of non issuance of "No Due Certificate" in time, the amount of pension has been paid to the petitioner after a period of eleven months with effect from 4th October, 1999. Therefore, now the question is, whether the respondent is entitled to withhold the amount of gratuity and pension of the petitioner on account of occupying unauthorisedly the quarter in question or not ? The Deputy Executive Engineer, Irrigation Department, Baroda has wrote a letter to the petitioner dated 21st January, 1999 demanding an amount of Rs.1,95,522/- from the petitioner due upto 30th December, 1998 and after paying the said amount, the respondent will issue no due certificate, then only the petitioner will get the amount of pension and gratuity.;