B.S.Chauhan, J. - (1.) This writ petition has been filed for quashing the orders "dated 14th August, 1990 and 15.04.1992 for making the recovery of penal rent in respect of Quarter No. 92-B, Type-III, Delhi Railway Colony, Gorakhpur.
(2.) The facts and circumstances giving rise to this case are that the petitioner was posted as Divisional Public Prosecutor, R.P.F., North Eastern Railway, Varanasi Division. During his posting at Gorakhpur, he was allotted the aforesaid Quarter vide order dated 22.01.1983. The petitioner was transferred from Gorakhpur to Varanasi vide order dated 08.09.1988. He joined the services at Varanasi but he did not vacate the said Quarter at Gorakhpur. Petitioner after serving five years, was transferred back to Gorakhpur 28.05.1993. However, as the petitioner did not vacate the accommodation at Gorakhpur, during the period he was posted at Varanasi, penal rent is being recovered. During the pendency of the writ petition, the petitioner stood retired on 31.07.1996, however, his gratuity has been withheld. Hence this petition.
(3.) Shri I.R. Singh, learned counsel for the petitioner has submitted that the question of withholding the gratuity does not arise in such a case as the petitioner was not allotted any residential accommodation at Varanasi after being transferred from Gorakhpur and as he had again been transferred to Gorakhpur on 28.05.1993 and continued to reside in the same accommodation, the orders impugned are liable to be quashed. More so, the petitioner had already retired on 31.07.1996, therefore, withholding the gratuity that too to a sum of Rs. 1,35,8507- has caused great injustice to him. Petition deserves to be allowed.;