Shree Chandrashekhar, J. - (1.) Supplementary affidavit dated 28.6.2018 is taken on record.
(2.) The respondents have stated that the amount of normal rent for the period between 1.4.2016 to 31.5.2018 has been calculated at Rs. 32,115.20 and the amount of Gratuity, Leave Encashment including HPL has been transmitted in the petitioner's account through RTGS vide cheque dated 27.6.2018 and pension claim of the petitioner has been processed by the respondent-CCL and forwarded to the CMPF; Provident fund has already been paid to the petitioner. Insofar as, stand of the respondent- CCL for payment of market-rent by the petitioner for retention of official accommodation is concerned, it must be rejected for the reason that the amount of Gratuity could not have been withheld by the respondents on the ground of retention of official accommodation by the petitioner [refer Jaswant Singh Gill v. Bharat Coking Coal Ltd. and others 2007 (112) FLR 196 (SC) and Gorakhpur University v. Shitla Prasad Nagendra (Dr). reported in (2001) 6 SCC 591 Various provisions under the Payment of Gratuity Act, 1972 - section 13 provides that the Gratuity payable to an employee shall not be forfeited in execution of a decree or order of revenue, civil or criminal Court and section 14 confers overriding effect to the provisions of the Payment of Gratuity Act over other enactments - do not permit the respondents to withhold or forfeit Gratuity payable to the petitioner except under the circumstances enumerated under sub-section (6) to section 4. In my opinion, since all admissible post-retiral benefits including Gratuity were not paid to the petitioner, the respondents cannot be permitted to recover penal rent from the petitioner for retention of official accommodation by him beyond the permissible period.
(3.) The petitioner shall religiously follow the undertaking given by him for vacating the official accommodation within two weeks, failing which the respondents shall be at liberty to requisition police force for his eviction from the official accommodation.;