CWP NO.45 OF 2008 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 6.7.2009 Darshana Singhal ...Petitioner VERSUS The State of Punjab etc …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Satnam Singh, Advocate for the petitioner Mr.AS Jattnana, Addl.A.G., Punjab for respondents Permod Kohli, J. (Oral) The petitioner while being posted as SMO at PHC Amargarh, District Sangrur during the period from 1.3.2003 to 31.12.2003 claimed House Rent Allowance and being a Drawing and Disbursing Officer also withdrew the same. The petitioner retired from service on attaining the age of superannuation on 30.4.2004. After her retirement an amount of Rs.21,902/- has been deducted from his death-cum-retirement gratuity. The petitioner filed CWP No.10810 of 2005 before this Court claiming the release of the gratuity and the interest on the delayed payments and other retiral benefits. The said writ petition came to be disposed of vide order dated 19.7.2005 with a direction to the respondents to take a conscious and CWP NO.45 OF 2008 :2: cautious decision upon the justice demand notice dated 24.1.2005 within a period of two months and to pass speaking order after giving an opportunity of being heard to the petitioner. Consequent upon the aforesaid order, the respondents have passed the impugned order dated 25.8.2006 (Annexure P-2). It is stated in the reply filed by the respondents that the petitioner withdrew the House Rent Allowance amounting to Rs.21,902/- for the period from 1.3.2003 to 31.12.2003 even when the residential accommodation earmarked for the petitioner was available at the place of posting. It is further stated that the petitioner being a Drawing and Disbursing Officer withdrew the amount on her own. It is contended on behalf of the petitioner that no government accommodation was available as the house was under construction. Vague averments have been made in paragraph 11 of the writ petition to this effect. Apart from this, the petitioner has also relied upon a communication dated 19.7.2002 (Annexure P-3) issued by the Deputy Medical Commissioner, Punjab Health Systems Corporation, Sangrur to the Sub Divisional Engineer (Civil), Punjab Health Systems Corporation, Sangrur. In this communication, the Deputy Medical Commissioner stated that a complaint has been received and during enquiry, it has come to notice that due to non-completion of the Kothi, the same could not be handed over to the Officer. This letter cannot come to the rescue of the petitioner, in any manner. The allegations against the petitioner are that the petitioner withdrew the house rent allowance for the period from 1.3.2003 to 31.12.2003 whereas this communication was written in July, 2002 i.e. much before the period the petitioner withdrew the house rent allowance and was posted at PHC Amargarh, District CWP NO.45 OF 2008 :3: Sangrur. It may be observed here that this letter has been produced only to mislead this Court. It is submitted by the learned counsel for the respondents that the petitioner deliberately withdrew the House Rent Allownace for the aforesaid period when the house earmarked for her was available and was also vacant. This clearly suggests that the petitioner has withdrawn the House Rent Allowance knowing fully well that she was not entitled to the House Rent Allowance for the period in question as government accommodation was available which was earmarked for the petitioner. In view of the above, the respondents have rightly deducted the amount in question from the gratuity of the petitioner. I find no merit in this petition which is hereby dismissed. (PERMOD KOHLI) JUDGE 6.7.2009 MFK NOTE:Whether referred to the reporter or not:NO