STATE OF TAMIL NADU Vs. V MARIAPPAN

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned order, dated 12. 05. 2004, passed by the learned single Judge.

(2.) RESPONDENT herein (writ petitioner) is a physically handicapped person who suffered from Polio Myelitis of both lower limbs and he cannot move without crutches. He was working as a Senior Lecturer in English at Central Polytechnic, Taramani, Chennai from 07. 01. 1972 and retired on 31. 03. 2004. While he was in regular service, he was allotted a Government residential quarters of A Type in Todhunter Nagar, Saidapet. On his retirement, he made an application for sanction of gratuity amount to the tune of Rs. 3,50,000/- but the said gratuity amount was not disbursed to him as respondents 1 to 3 therein have not issued No Demand Certificate required for the disbursement of the gratuity amount. A writ petition was filed by the writ petitioner (respondent herein) and the learned single Judge directed the 4th respondent therein to settle the gratuity amount due to the writ petitioner after obtaining No Demand Certificate from respondents 1 to 3 therein within a time-frame. By this appeal, the respondents in the writ petition (the appellants herein) challenge the impugned order of the learned single Judge.

(3.) LEARNED Additional Government Pleader submitted that an amount of Rs. 4,56,317/- is due from the writ petitioner (respondent herein) as penal rent in respect of the Government residential quarters occupied by him. It is alleged by the learned Additional Government Pleader that the writ petitioner (respondent in this appeal) had continued to occupy the rental premises even after crossing the ceiling limit on basic pay of Rs. 4,000/- on 01. 01. 1994 as per the condition stipulated in G. O. Ms. No. 995, PWD, dated 09. 05. 1990. It is further alleged that the writ petitioner neither paid the penal rent (3 times of normal rent) nor vacated the quarters. Hence, for a period that he over stayed, the rent was fixed and the writ petitioner had to pay the penal rent to the tune of Rs. 4,70,839/ -. Since, this amount is larger than the gratuity claimed, the petitioner cannot be paid the gratuity.