SUPREME COURT OF INDIA

Before:- G.B. Pattanaik, C.J.I. and U.C. Banerjee, JJ.

Civil Appeals Nos. 5195-5197 of 1998. D/d. 14.9.2000.

Wazir Chand - Appellant

Versus

Union of India and others - Respondents

Constitution of India, Article 311 - Retirement - Retiral benefits - Deduction of penal rent from retiral dues for continuing to occupy Government accommodation even after retirement held to be proper - There is no illegality in adjusting those dues against the death-cum-retirement dues.

[Para 1]

ORDER

These appeals are directed against the orders of the Central Administrative Tribunal rejecting the claim of the appellant, who happens to be a retired Railway servant. Admittedly, the appellant even after superannuation continued to occupy the Government quarter, though being placed under hard circumstances. For such continuance, the Government, in accordance with rules, has charged penal rent from the retired Government servant, and after adjusting the dues of the Government, the balance amount of the gratuity, which was payable, has been offered to be paid, as noted in the impugned order of the Tribunal. The appellant's main contention is that in view of the Full Bench decision of the Tribunal against which the Union of India had approached this Court and the Special Leave Application was dismissed as withdrawn, it was bound and duty of the Union of India not to withhold any gratuity amount, and therefore, the appellant would be entitled to the said gratuity amount on the date of retirement, and that not having been paid, he is also entitled to interest thereon. We are unable to accept this prayer of the appellant in the facts and circumstances of the present case. The appellant having unauthorisedly occupied the Government quarter was liable to pay the penal rent in accordance with rules, and therefore, there is no illegality in those dues being adjusted against the death-cum-retirement dues of the appellant. We, therefore, see no illegality in the impugned order which requires our interference. The appeals stand dismissed.

Appeals dismissed.