GURDIAL SINGH SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, we propose to dispose of two connected Civil Writ Petition Nos. 4088 and 4089 of 2002 as common question of law and fact are involved therein. The facts have, however, been extracted from Civil Writ Petition No. 4088 of 2002.

(2.) Gurdial Singh Saini, who retired as Deputy Manager, Punjab Cooperative Bank Limited, through present petition filed by him under Article 226 of the Constitution of India, seeks issuance of writ in the nature of mandamus directing the respondents to release his gratuity, leave encashment and other retiral benefits with interest @ 24% w.e.f. the date of his retirement.

(3.) Brief facts of the case reveal that petitioner was allotted a bank quarter No. 320, Sector 3-A,Chandigarh during his service of the Bank. Petitioner retired as Deputy Manager from the Punjab Cooperative Bank Limited, Chandigarh on March 31, 1996. It appears that the time to vacate the official accommodation in the case of petitioner was extended and he was asked to vacate the same during the said period, i.e., extended period. He, however, made a representation for release of his leave encashment and gratuity. The same were not released inasmuch as the petitioner did not vacate the official accommodation. The Bank was constrained to file a civil suit for possession of the bank quarter and for recovery of arrears of licence fee at the rate of 20 times on April 1, 1997. The respondent Bank also filed reference under Section 55 and 56 of the Cooperative Societies Act seeking arbitration in the matter which was decided against the petitioner. He filed an appeal and revision against the orders aforesaid which were dismissed. Meanwhile, suit filed by the Bank was also decreed allowing recovery of licence fee @ its 20 times. It is only on May 10, 2001 that petitioner handed over the possession of quarter to the Bank, He received a notice from the Bank for payment of Rs. 2,53,237/- as arrears of rent on August 24, 2001.