UNION OF INDIA Vs. AKHTARBEGAM

JUDGEMENT

(1.) Against the judgement and order dated 10.12.2001 passed by the Learned Central Administrative Tribunal, Ahmedabad (for short "the Tribunal") partly allowing Original Application No.585 of 1997, the petitioner - Union of India and the Divisional Railway Manager, Western Railways, Rajkot have filed this petition under Article 227 of the Constitution of India.

(2.) The husband of the respondent - Mrs.Akhtar Begam retired from service on 30.6.1983. He was given time to vacate the quarters upto 31.10.1983 but he did not vacate the same. Thereupon, he was declared to be in unauthorized possession of the quarter. By notice dated 28.3.1994, he was asked to vacate the quarter within 15 days, failing which penal rent was to be charged and proceeded under the Public Premises (Eviction of Unauthorized Occupants), Act. Inspite of the notice, he did not vacate the quarter, therefore, the proceedings were initiated against him and the Estate Officer passed an order of forcible eviction on 9.11.1990. It was challenged by him before the City Civil Court, Ahmedabad in Appeal which was also dismissed on 4.4.1991. Ultimately, he vacated the quarter on 10.6.1992. Thus, for a period of almost 9 years, he remained in unauthorized occupation of the quarter for which penal rent of Rs.95,568/- was due against him. Thereafter, Shri Khan died in July, 1992 as stated by his widow Akhtar Begam who was personally present before the Court.

(3.) The Authority decided to adjust the amount of Rs.24,648/- payable to the respondent towards the death-cum-retirement gratuity against the said penal rent and remaining amount of Rs.70,921/- was sought to be recovered from the family pension of the respondent. Therefore, the said decision of the Authority was challenged by the respondent - Akhtar Begam before the Learned Tribunal by way of O.A.No.215 of 1995 wherein it was prayed that the amount of gratuity payable to her husband be released and appropriate directions be issued to the Authorities not to recover the penal rent from the family pension due and payable to her. However, the Learned Tribunal directed the respondent Akhtar Begam to approach the Authorities by way of representation. Accordingly, representation was made but the same was rejected on 30.6.1997.