JAGDEO RAM Vs. THE MANAGING DIRECTOR & OTHERS

JUDGEMENT

(1.) I.A. Nos. 2134/11, 5431/13 in WPS 546/11, 1353/11, 2136/11 & 5432/13 in WPS 853/11

(2.) IN both writ applications, petitioners had approached this Court alleging that their gratuity amount has been withheld. However, it also appears that the petitioners have retained their official quarters even after retirement. It is the case of the respondent that the amount equivalent to the gratuity amount has been withheld with the consent of the employee. Petitioners have however continued to retain the official quarters till date. Counsel for the petitioners also submits that a proceeding under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 have also been initiated in the Court of Estate Officer by the respondents. Counsel for the petitioner also submits that these petitioners have also applied for availing the scheme for allotment of the quarter initiated in the year 2007 by the respondents, on which no decision has been taken.

(3.) HAVING heard learned counsel for the parties, it appears that there are two facets of the dispute; one is in respect of retention of quarter beyond the retirement by these petitioners for which, a separate proceeding under the Act of 1971 has been initiated by the employer. As submitted by the counsel for the petitioners, they have also appeared before the Court of Estate Officer and are contesting the matter. Therefore, any dispute relating to charging of penal rent in respect of illegal retention of official quarters by these petitioners can also be raised and considered by the competent court of Estate Officer.