S D BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.N.K.Majmudar on behalf of the petitioner and learned AGP Mr.K.L.Pandya for respondent - State Authority.

(2.) The brief facts giving rise to the present petition are as under :

(3.) Learned advocate Mr.N.K.Majmudar appearing on behalf of the petitioner has submitted that now except the withheld amount of Rs.1,86,990/- which includes the amount of gratuity to the tune of Rs.1,32,712/- and the part of pension amount out of total amount of Rs.1,17,497/-. Learned advocate Mr.Majmudar also pointed out that because of non issuance of "No Due Certificate" in time, the amount of pension has been paid to the petitioner after a period of eleven months with effect from 4th October, 1999. Therefore, now the question is, whether the respondent is entitled to withhold the amount of gratuity and pension of the petitioner on account of occupying unauthorisedly the quarter in question or not ? The Deputy Executive Engineer, Irrigation Department, Baroda has wrote a letter to the petitioner dated 21st January, 1999 demanding an amount of Rs.1,95,522/- from the petitioner due upto 30th December, 1998 and after paying the said amount, the respondent will issue no due certificate, then only the petitioner will get the amount of pension and gratuity.