- (1.) THE present writ petition has been filed for the following reliefs: (i) To pay the statutory interest of G.P.F. from 1.7.2004 to December, 2004 under Rule 14(4) of G.P.F. Rules, interest of G.S.S from 1.7.2004 to March, 2005 under Rule 8(i) of G.S.S Rules, the interest of delayed payment of Gratuity for the period from 1.7.2004 to September, 2006, under Pension Rules and release the amount of Leave encashment which partakes the character of salary under settled Laws. (ii) To release the monthly pension which has been stopped from January, 2007 and onwards arbitrarily without any notice or show cause. (iii) To sanction and pay the commutation of pension as per Pension Rules. (iv) To charge the house rent @ normal rate till the entire retiral benefits are released.
(2.) I have heard the arguments. The matter revolves round the circular annexed with the counter -affidavit filed by the respondent at page -7 dated 9.10.1997 wherein it is stated that if the employees of the Board do not vacate the quarter and forcibly occupy the same in an unauthorized manner even after retirement then the management can withhold Gratuity/Leave encashment/commutation of pension till they vacate the Board's quarters. The counsel for the petitioner submits that this circular cannot override the statutory rules and law framed under Article 309 of the Constitution of India.
(3.) I find force in the argument of the counsel for the petitioner but at the same time he has also brought to my notice two decision of this Hon'ble Court passed in C.W.J.C. No. 3179/2000(R) and W.P.(S) No. 2723 of 2001 wherein this Hon'ble Court had directed that in case the Borad realized the penal rent from the petitioner they will be liable to pay penal interest in favour of the petitioner for delayed payment of retiral benefits at the rate (percentage or number of times) to be calculated from the date of retirement till the same is paid.;