HIRUBHAI M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has filed this petition challenging deductions made from his pension inter alia on the ground that no deduction from pension is permissible.

(2.) The petitioner retired on 30th September, 1981 and continued to occupy the government accommodation until 31/1/93. By order of Executive Engineer dated 3/12/93, Exh. `A' annexed to the petition, amount of rent at market rate and gas charges for the period 1/10/81 to 1/2/93 came to be fixed at Rs.1,04,617=70 recoverable from the petitioner. The same is being recovered through deductions from pension at different rates from time to time; for which treasury officer was informed. The petitioner has contended in the petition that he was not in unauthorised occupation of the premises inasmuch as in Special Civil Application No. 3146/81 filed by him, he has been allowed protection against eviction from premises by way of interim relief. He relied on decision of the Supreme Court in the case of Union of India and another V/s R.R.Hingorani [Retd] reported in AIR 1987 SC 808 for the purpose of contending that no amount is permissible to be deducted from pension unless authorised by the petitioner.

(3.) A reply affidavit has been filed by the respondents stating that the petitioner retired from service on 30/9/1981 and as per rules, within two months i.e. on or before 30/11/1981, the government quarters were to be vacated by him. However, the petitioner vacated the same on 31/01/1993 and thus, he overstayed for 11 years and 4 month for which period he was liable to pay the rent at the market rate as damages for use and occupation. That sum was determined by the respondent No.4 Executive Engineer, the competent officer for that purpose way back in December 1993 at Rs.1,04,617=70. The total amount payable by the petitioner for the over stayed period by way of rent and interest for delayed payment was modified later on at Rs.1,04,581.00. On finding a discripancy of Rs.32.70 ps. out of said sum , Rs.67,201.00 has been recovered through deducted from the pension at different rates from time to time and balance of Rs.37,380.00 still remains outstanding. Learned AGP also pointed out the decision of the Supreme Court in the case of Union of India V/s Sisir Kumar Deb reported in 1999 SCC {L & S] 781, stating that in this later decision, the Supreme Court has taken a different view of the matter about deductibility of the amount of rent for overstaying in the government premises after retirement from the pensionary reliefs.