G.R. Majithia, J. - (1.) THE Petitioners have approached this Court for issuance of a mandate to Respondent No. 2 to release the gratuity and other pensionary benefits to them. They also want a declaration that the eviction proceedings commenced against them by Respondent No. 2 under the Punjab Public Premises (Eviction of Unauthorised Occupants) Act (for short 'the Act') are illegal and Respondents Nos. 2 and 3 be restrained from recovering excess rent and the recovery already made be refunded to them.
(2.) THE facts; the Petitioners were the employees of Respondent No. 2, Bhakra Reas Management Board. They were allotted residential accommodation as per the terms and conditions of their services. They retired from service and the dates of their retirement are as under: After their retirement, they were not granted gratuity or pension. Under the Punjab Civil Service Rules, Vol. II, which was applicable to them, it is incumbent for the employer to determine the gratuity and pension and release the same. The Petitioners did not vacate the residential quarters which were allotted to them when they were in service. Proceedings under, the Act for recovery of damages for unauthorised use and occupation of public premises were initiated against them which were not warranted.,
(3.) ON behalf of the Respondents, Respondent No. 2 filed the written statement, inter alia, pleading that on the retirement of the Petitioners, pension papers were sent to. the respective parent States of Punjab and Haryana and the pension has, to be sanctioned by the respective States. Gratuity could not be released for want of 'no demand certificate' from the Petitioners. The Petitioners could not retain the Government accommodation after the expiry of one month from the date of retirement. Rule 5.51 -A of the Punjab Civil Services, Vol. I, Part -1, reads as under; If a Government employee to whom a residence is allotted dies, is dismissed from the Services or retires from the service, the allotment to him of the residence shall be cancelled, with effect from one month after the date of his death. dismissal or retirement, as the case may be or with effect from any date after such death, dismissal or retirement on which the residence is actually vacated, whichever is earlier. And it is mandatory for the employee to vacate the public premises. They did not vacate it. Proceedings for recovery of possession and damages of use and occupation were correctly initiated under the Act. The gratuity will be released on furnishing a no demand certificate after vacation of the quarters by, the Petitioners and payment of damage charges for the period of unauthorised occupation of the public premises, as well as water and electricity charges . It was further, pleaded that, since; the, Petitioners did not vacate the quarters allotted to them,, the arrears, of damage charges in some cases mounted to thousands of rupees, and these, will continue mounting till the quarters are vacated by the Petitioners and it was in these cir -cumstances that no demand certificate', could not be issued by the Board.;