HARIHAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner, questioning the validity of order dated 5.6.2007 passed by District Development Officer, Chandauli, directing deduction of Rs. 75,600/- from the gratuity amount of the petitioner.

(2.) Brief background of the case, as disclosed in the writ petition, is that the petitioner was appointed as driver, he was allotted residence in lieu of his being in service. While continuing in service, allegations had come forward that the petitioner had been staying in the Governmental premises, which was allotted to him without paying any rent. Apart from the allotted accommodation, the petitioner had taken the adjoining premises as well unauthorizedly without there being any allotment order in his favour. In spite of being asked, the petitioner did not vacate the premises in question. On 23.12.1993 notice was given to the petitioner, mentioning therein that the petitioner was unauthorizedly relating the premises in question and in spite of being asked, had not vacated the same, as such Block Development Officer was asked to make computation of rent, which was to be recovered from the petitioner, so that recovery proceedings could he undertaken. Thereafter, the Block Development Officer, Chakia addressed a letter to the petitioner asking him to vacate the premises, failing which legal action would be taken against him. Thereafter, on 18.5.1994 letter was sent, lastly warning the petitioner to remove the illegal occupation, failing winch proceedings for eviction would be undertaken. After the said decision had been taken, at no point of time, the petitioner complied with the directives given to him. Thereafter, petitioner attained the age of superannuation, and as his retiral benefits were net being finalized, he was impelled to file Writ Petition No. 19568 of 2002. This Court on 13.5.2002 issued ad-interim mandamus for finalizing the said benefits. The petitioner filed a detailed representation, and thereafter, the order impugned has been passed informing the petitioner that orders were already passed on 18.5.1994, and as the petitioner had not deposited the amount calculated towards illegal occupation of the Governmental premises, as such the amount of Rs. 75,600/- were deducted from his gratuity amount. At this juncture present writ petition has been filed.

(3.) Counter and rejoinder affidavits have been exchanged and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties.