Wazir Chand Vs. Union Of India And Others On 14 September, 2000

Q: Q. What are the equivalent citations for Wazir Chand vs Union of India and Others ?

The equivalence citation are(2001) 6 SCC 596 ; JT 2000 (SUPPL.) 1 SC 515 ; (2001) SCC (LS) 1038 ; 2000 (87) FLR 778 ; (2001) 1 LLJ 603 (SC) ; 2000 (3) CLR 849 ; LQ/SC/2000/1368 ;

Q: Q. What was the bench assigned for the case Wazir Chand vs Union of India and Others?

HONBLE JUSTICE G. B. PATTANAIK, HONBLE JUSTICE U. C. BANERJEE

Open iDraf

Wazir Chand v. Union Of India And Others

Wazir Chand
v.
Union Of India And Others

(Supreme Court Of India)

Civil Appeal No. 5195-5197 Of 1998 | 14-09-2000

These appeals are directed against the orders of the Central Administrative Tribunal rejecting the claim of the appellant, who happens to be a retired Railway servant. Admittedly, the appellant even after superannuation, continued to occupy the Government quarter, though being placed under hard circumstances. For such continuance, the Government, in accordance with Rules, has charged penal rent from the retired Government servant, and after adjusting the dues of the Government, the balance amount of the gratuity, which was payable, has been offered to be paid, as noted in the impugned order of the Tribunal. The appellantss main contention is that in view of the Full Bench decision of the Tribunal against which the Union of India had approached this Court and the Special Leave Application was dismissed as withdrawn, it was bounden duty of the Union of India not to withhold any gratuity amount, and therefore, the appellant would be entitled to the said gratuity amount on the date of retirement, and that not having been paid, he is also entitled to interest thereon. We are unable to accept this prayer of the appellant in the facts and circumstances of the present case. The appellant having unauthorisedly occupied the Government quarter, was liable to pay the penal rent in accordance with Rules, and therefore, there is no illegality in those dues being adjusted against the death-cum-retirement dues of the appellant. We, therefore, see no illegality in the impugned order which requires our interference. The appeals stand dismissed.

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Bench List

HON'BLE JUSTICE G. B. PATTANAIK

HON'BLE JUSTICE U. C. BANERJEE

Eq Citation

(2001) 6 SCC 596

JT 2000 (SUPPL.) 1 SC 515

(2001) SCC (LS) 1038

2000 (87) FLR 778

(2001) 1 LLJ 603 (SC)

2000 (3) CLR 849

LQ/SC/2000/1368

HeadNote

Service Law — Retirement benefits — Gratuity — Unauthorised occupation of Government quarter — Effect — Appellant even after superannuation, continuing to occupy Government quarter, though being placed under hard circumstances — Government, in accordance with Rules, charging penal rent from retired Government servant and after adjusting dues of Government, balance amount of gratuity, which was payable, offered to be paid — Held, appellant having unauthorisedly occupied Government quarter, was liable to pay penal rent in accordance with Rules, and therefore, there is no illegality in those dues being adjusted against death-cum-retirement dues of appellant — Appellant not entitled to gratuity amount on date of retirement — Appellant estopped from claiming gratuity amount on date of retirement — Appellant not entitled to interest on gratuity amount — Appellant's main contention is that in view of Full Bench decision of Tribunal against which Union of India had approached Supreme Court and Special Leave Application was dismissed as withdrawn, it was bounden duty of Union of India not to withhold any gratuity amount, and therefore, appellant would be entitled to said gratuity amount on date of retirement, and that not having been paid, he is also entitled to interest thereon — Appellant's contention rejected