UNION OF INDIA Vs. SATYA NARAIN

JUDGEMENT

(1.) By this writ petition, the petitioner is challenging the order dated 16.1.1996 of the Controlling Authority passed under the Payment of Gratuity Act.

(2.) The facts of the case, in brief, are that the respondent no. 1 was employed in the Railways (petitioner)as a Fitter Grade III and he retired from service on attaining the age of superannuation on 30.9.1994. The case of the petitioner is that even after his retirement he continued to occupy the railway quarter, which was allotted to him and did not vacate the same and, therefore, his occupation of the said railway quarter became unauthorized on account of which house rent of the said quarter to the tune of Rs. 21,376.80 and electricity dues to the extent of Rs. 5,520.26/- became due against the respondent no. 1. The respondent no. 1 filed an application before the Controlling Authority under the Payment of Gratuity Act for a direction to the Railway administration to make payment of the gratuity due to him.

(3.) The case was contested by the Railway administration and in the reply which was filed as Annexure-2 to the writ petition, it was mentioned that gratuity was not payable to the respondent no. 1 as a sum of Rs. 21,376.80 and electricity dues to the extent of Rs. 5,520.26/- total Rs. 26,697.06 was itself due against the respondent no. 1 and, therefore, his claim for Payment of Gratuity Act of Rs. 25,327/- was wholly misconceived.