IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 12148 of 2008. Decided on: October 28, 2010. Shakuntla Devi …..Petitioner. Versus Himachal Pradesh University & anr. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the petitioner: Mr. Dheeraj Kumar, Advocate. For the Respondents: Mr. Raj Negi, Advocate, vice counsel. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayers: “1) That the impugned Annexure(s) i.e. Annexure- A-1, A-11, A-18, A-25, may kindly be quashed and set aside. 2) That the Respondent University may kindly be directed to release the withheld amount of gratuity of Rs. 70,000/-. 3) That the Respondent University may kindly be directed to pay the interest @ 18% per Annum to the Applicant on the Arrears of Pension, Commuted value of Pension and Leave Encashment from the date of commencement of pension till the date of actual payment was made to the Applicant. 4) That the Respondent University may kindly be directed to pay the further interest on the withheld amount of gratuity of Rs. 70,000/- from the date it was ordered to be withheld till the date actual payment is made to the Applicant.” 2. In the reply in the preliminary objections, it is stated as follows: “1. That the present O.A. is barred by limitation having been preferred after three years on retirement of the applicant. 2. That the present applicant has preferred O.A. before this Hon’ble Tribunal not with clean hand, because the applicant was employed with the University as ‘Safai Karamchari’ and she retired on 2 30.9.2002 from University services, as per record, she is residing in the University premises un-authorisedly, hence the present O.A. is not maintainable before this Hon’ble Court. 3. That there is inherent lack of jurisdiction to entertain the present O.A. by the Hon’ble Tribunal, because the applicant had moved an PIL before the Hon’ble High Court of H.P. The matter falls under the H.P. Public Premises and Rent Recovery Act, hence there is no jurisdiction of the Hon’ble Tribunal to entertain such O.A. hence the same deserves to be dismissed outrightly. 4. That 122.15 bighas of land situated at Vill. Tal, Chaili-Kalan H.B. No. 576 Tehsil and Distt. Shimla was acquired by the State Govt. under Award No. 4 of 1971 for the establishment of National Zoological Park Comprising Kh. Nos. 237, 245, 248/2, 227, 226, 248/1, 243, 238, 240, 254/1, 244, 239, 248/3/1, 242, 241/2, 248/3/2, 253, 225/1, 241/1, 231, 246, 254/2, 224, 225/2, 248/4, 249, 252, 230, 234, 228, 229, 232, 233, 236, 247, 250, 235 and 251 on the payment of compensation amounting to Rs. 2,98, 599.35 paise. The copy of Award No. 4 of 1971 is annexed herewith as Annexure R-1. But later on the place/venue for establishment of Zoological Park was shifted to Tutikandi. Thereafter, the aforesaid land was transferred to th H.P. University in the year 1980. Out of the above, and measuring 68.10 bighas situated at Vill. Chaili-Kalan, Tehsil & Distt. Shimla under Khasra Nos. 224, 265/225, 266/225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 235, 236, 237, 238, 239, 240, 269/241, 270/241, 242, 243, 244, 245, 246, 247, 258/248, 257/248, 259/248, 260, 260/248, 261/248, 249 & 250 were transferred to the Deptt. of Youth Services and Sports for setting up the high altitude Sports Training Centre after obtaining NOC from the University, vide Deputy Commissioner Shimla, letter No. III-SML-(PSH)-T-Rev./1228-32, dated 12.6.1985, with the condition that in case it is not put to the use for which it is being transferred, the land shall revert to the revenue Deptt. to the Govt. of H.P. Shimla. A copy of the Office Order dated 12.6.1985, issued by the Deputy Commissioner, Shimla, is annexed herewith as Annexure R-2. Although the whole land was in the possession of the University, yet revenue entries were in the ownership of Govt. of H.P. and possession thereof was continuing with the Forest Deptt. Therefore, on the request of the H.P. University, the revenue entries of land measuring 32.18 bighas under Kh. Nos. 252, 253, 267/254, 268/254 was entered in the name of H.P. University by the Distt. Collector Shimla, vide Office Order No. SML-SR-T(112)/91, dated 13.7.1999, a copy of which is being annexed herewith as Annexure R-3. The sites above, a joint inspection of this land and Silver Wood Estate was conducted by a Committee consisting of 3 Asstt. Registrar-cum-Estate Officer, Executive Engineer (Const.), Patwari and Junior Engineer (Estate) on 13.5.1999, at 4:00 P.M. as per noting N- 112, annexed herewith as Annexure R-4 and its typed version is annexed as Annexure R-4/A. and as per inspection report of the Junior Engineer (Estate), dated 14.5.99, annexed as R-5 and its typed version is annexed as Annexure R-5/A. 10 officials were found in occupation of Old Structure building at Silver Wood including Smt. Shakuntla Devi, Safai Karamchari. All these officials were directed to meet the Suptd. (Estate) on 18.5.1999, a copy of which is being annexed herewith as Annexure R-6. All these officials were allotted alternate accommodation lateron including the applicant who was allotted Set No. 55, Ambedkar Bhawan, but she refused to occupy it. 5. That from the award No. 4 of 1971, it is clear that the tenant of land, buildings and fruit trees etc. was already made to the owner, including Sh. Raj Pal Thakur, Silver Wood Estate, Shimla, as this property already stood vested within H.P. University under Land Acquisition, hence the present OA filed by the applicant is vague and evasive hence the same may kindly be dismissed out-rightly.” 3. There is no rejoinder as yet. In case the petitioner has any dispute with regard to the factual position stated in the reply, it will be open to her to file appropriate representation before the first respondent within a period of one month from today, in which case, the matter will be duly considered by the said Officer, with notice to the petitioner and appropriate action in the matter will be taken within another three months. 4. The writ petition is accordingly disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 28, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.