CWP No. 8026 of 2001 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CWP No. 8026 of 2001 (O&M) Date of Decision:- 19.12.2011 Smt. Krishna Gupta .....Petitioner Versus The Chairman, House Allotment Committee and others .....Respondents. (2) C.W.P. No. 6915 of 2006 (O&M) Smt. Krishna Gupta .....Petitioner Versus The State of Punjab and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. Vikram Singh, Advocate for the petitioner. Mr. P.C. Goyal, Addl. AG Punjab. Mr. IPS Doabia, Advocate for respondents (in CWP No. 8026 of 2001) **** SATISH KUMAR MITTAL, J(Oral). C.M. No. 16434 of 2011 This application has been filed by Surinder Kumar Bansal, the husband of Smt. Krishna Gupta (petitioner), who is stated to have died on 6.1.2011 for impleading him as legal representatives of petitioner-Smt. Krishna Gupta. After hearing learned counsel for the parties and for the reasons stated in the application, the application is allowed and the applicant Surinder Kumar Bansal, is ordered to be impleaded as legal representative CWP No. 8026 of 2001 (O&M) 2 of deceased Smt. Krishna Gupta. C.M. stands disposed of. CWP No. 8026 of 2001 and CWP No. 6915 of 2006 With the consent of both the parties, we have taken up for hearing both CWP Nos. 8026 of 2001 and 6915 of 2006 filed by the petitioner Smt. Krishna Gupta. CWP No. 8026 of 2001 was filed by the petitioner Smt. Krishna Gupta (now deceased) challenging the order dated 11.8.1999 (Annexure P8) passed by the Estate Officer, Bhakhra Beas Managemnt Board, Talwara Township whereby on an application filed by the Bhakhra Beas Management Board, Talwara, under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1971 the petitioner was ordered to be evicted from quarter No. 1476-U/T-3, Sector-3, Talwara. In the said petition she had also challenged the order dated 7.4.2001 (Anenxure P-9) passed by the District Judge, Hoshiarpur, whereby her appeal filed against the aforesaid order was dismissed. In CWP No. 6915 of 2006 petitioner Smt. Krishna Devi (now deceased) had prayed for issuing direction to the State of Punjab as well as the Director Public Instructions (Elementary Education), Punjab, Chandigarh, to decide her legal notice dated 2.2.2006 with regard to the release of her retiral benefits (i.e. gratuity) which was illegally withheld by the respondents. Undisputedly, the husband of the petitioner namely Surinder Kumar Bansal, ( who has now been impleaded as legal representative of Smt. Krishna Gupta) was allotted the quarter No. 1476-U/T-3, Sector 3, Talwara Township in the year 1978 when he was working as Junior CWP No. 8026 of 2001 (O&M) 3 Engineer in Shah Nehar Administration, Talwara Township. On 31.8.1989 he was transferred from Talwara Township to Ranjit Sagar Dam, Shahpur Kandi. Thereafter, the said quarter was regularised in favour of the petitioner as at that time she was working as a Teacher in Government Primary School, Sector 4-C, Talwara Township. The said quarter was allotted to her in view of the rule 7 of the Standing Order dated 18.2.1986 framed by Bhakhra Beas Management Board. On 15.5.1997 petitioner Smt. Krishna Gupta, was transferred to Government Primary School, Hajipur and on 15.5.1999 she was further transferred from Government Primary School, Hajipur to Government Primary School Kothigar, Tehsil Mukerian, District Hoshiarpur. Those schools are situated in Block Hajipur. In view of the said fact the petitioner Smt. Krishna Gupta was required to vacate the aforesaid quarter in dispute. But when she did not vacate the said quarter the Bhakhra Beas Management Board, filed an application for her eviction before the Estate Officer under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1971. Vide order dated 11.8.1999 the Estate Officer, Bhakhra Beas Management Board, ordered the eviction of the petitioner from the said quarter. The appeal filed by the petitioner against the said order was dismissed by the District Judge, Hoshiarpur on 7.4.2001. The petitioner challenged those orders in the present writ petition and stay was granted to the petitioner vide order dated 1.6.2001. During pendency of the writ petition, petitioner-Smt. Krishna Gupta, retired from service on 30.9.2004. Thereafter she vacated the quarter in question on 28.12.2004. After her retirement the Punjab Government withheld her gratuity amount due to the pendency of the CWP No. 8026 of 2001 (O&M) 4 aforesaid case. She made a detailed representations dated 7.10.2004, 25.10.2004 and 5.2.2005 for releasing the said amount. When the said representation were not decided the petitioner Krishna Gupta filed the second petition i.e. CWP No. 6915 of 2006. The said writ petition was also admitted and ordered to be heard along with CWP No. 8026 of 2001 vide order dated 30.11.2006. During the pendency of the aforesaid writ petition, petitioner Smt. Krishna Devi expired on 6.1.2011. Her husband Surinder Kumar Bansal has been impleaded as her legal representative. Now with the consent of counsel for both the parties, we have taken up both the writ petitions for hearing. It is admitted position that the State of Punjab, (Education Department) after deducting the amount of Rs. 105205/-, had ordered for releasing of remaining amount of gratuity. The remaining amount of Rs.94616/- was sent to the petitioner by demand draft but she refused to accept the said amount due to the pendency of the writ petition. Counsel for the petitioner has not disputed that the petitioner remained in occupation of the aforesaid quarter from 16.5.1997 to 28.12.2004. It is the case of the respondent that after the transfer of the petitioner from Government Primary School, Talwara Township, her occupation on the said quarter was illegal. It is also not disputed that the Estate Officer by issuing notice of vacation of premises to the petitioner demanded the rent from the petitioner at the rate of Rs. 1010/- per month from 16.5.1997 till the time the same was vacated. If total amount is calculated on the aforesaid rate, it comes to near about Rs. 84,840/-. CWP No. 8026 of 2001 (O&M) 5 During the course of hearing both the parties have arrived at an amicable settlement. Counsel for the petitioner, on instruction from legal representative of deceased-petitioner namely Surinder Kumar Bansal, who is today present in Court, states he is ready to pay the aforesaid amount and the respondent State Government is at liberty to deduct the said amount from the gratuity of the wife of the petitioner and rest of the amount be refunded to the legal representative of the petitioner. Counsel for State of Punjab and Bhakhra Beas Management Board, accept this offer. Consequently, both the writ petitions are disposed of. The State Government (respondent in the writ petition No. 6915 of 2006) is directed to refund the balance amount of gratuity after deducting the amount of Rs. 85,000/- to the petitioner. The Sate Government is further directed that the said amount of Rs. 85,000/- will be disbursed to the Bhakhra Beas Management Board (respondent in writ petition No. 8026 of 2001) and Counsel for Bhakhra Beas Management Board accepts the said amount towards full and final settlement towards the illegal occupation for the aforesaid quarter for the aforesaid period. The State Government will disburse the remaining amount of gratuity within two months. Both the writ petitions are disposed of accordingly. ( SATISH KUMAR MITTAL) JUDGE 19.12.2011 ( PARAMJEET SINGH ) reema JUDGE