SHYAM SINGH RATHORE Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE petitioner who is a retired employee of the respondent- Corporation, has filed the present petition feeling aggrieved by the action of the respondents in making recovery from his post retiral dues.

(2.) IT is the case of the petitioner that he had retired from service on 31-8-1996 and the retiral dues have not been finalised. Only 90% (ninety percent) anticipatory pension and gratuity have been paid, however the final settlement of the dues alongwith payment of P. F, Surrender leave, Insurance amount and computation of pension were not done.

(3.) THE petitioner while in service was in occupant of a quarter and was paying monthly rent of Rs. 300/ -. It is his case that the Corporation is having different properties and the Corporation is letting out the same on rent not only to its employees but also to other persons who are not its employees. It is his case that in the instant case the quarter is occupied by him as an ordinary tenant and it has not been allotted to him because of terms and conditions of the appointment. It has been specifically averred in para 9 of the petition that the quarter has been allotted in the normal course and the relationship of landlord and tenant exists between the parties. It is the case of the petitioner as his retiral dues were not settled, he was unable to construct his house and shift to the same. However illegal penal rent is being deducted from his salary. It is his case that retiral dues cannot be withheld and no deduction from the dues are permissible. Reliance is placed on a judgment of this Court in the case of Vinayak Rao Chauhan v. Municipal Corporation, Gwalior and Ors. , Writ Petition No. 841 of 1998, decided on 20-7-2000 and the judgment of Supreme Court in the case of Gorakhpur University and Ors. v. Dr. Shitla Prasad Nagendra and Ors. , 2001 (6) SCC 591.