Eviction of public property
srinivasan J
(Querist) 08 April 2018
This query is : Resolved
Sir i am a psu employee. A criminal trial filed by my employer under sec 420 7 years before. Later to my arrest and jail, nail. Employer started department al in quieres for the same subject matter covered under criminal suit and finally terminar es me from services in 2011. I am not aware of the company rules and however i wrote and approach es my employer to finalise my salary and allowances dues and provident fund so that I can vacate the company quarter. Till date nothing has been paid to me.
Now received a notice from employer for taking action against public property in authored occpants 1971 rule.
May i know my right in this can i ask the employer to first pay my salary dues, provident fund before vacating company quarter. Please help me with any previous judgement.
Srinivasan
P. Venu
(Expert) 09 April 2018
You could not have continued to occupy the company quarter. It has been improper on your part insist on payment of outstanding terminal dues as a precondition for vacating the quarters.
Continued unauthorized occupation has rendered you liable for action under the Public Premises (Eviction of Unauthorized Occupants) Act. The company can recover from you the penal rent for the quarters at market rate.
srinivasan J
(Querist) 11 April 2018
thanks sir. in my case, first i was not aware of the company rules. secondly, when they have intimated to vacate first time, i had talked with them and now the problem is, i stay at madhya pradesh my quarter is at madhya pradesh. but i last worked at andhrapradesh. so the andhra unit of my employer filed an open suit claiming several lakhs and in that list they have included the recovery of quarter rent and penal rent also. i was entirely fooled by employer. neither my provident fund released neither my salary released nor gratutity. since the subject matter of vacation and payment of rent is already challenged by my employer at open suit and the judge also passed order for early completion of trial. judegement order [passed as to prove the charges by the employer. the question here is unauthorised occupant. when a criminal case is pending against the same charges and its trial is going on, they passed termination order which is also being challenged in the oepn suit by me. will i get stay from district judge if eviction order has been passed by the estate officer since the subject matter is already challenged before court by employer at andhra pradesh. please advice
Guest
(Expert) 12 April 2018
Quite strange, a Finance Manager of a PSU is not aware of PSU Rules!
srinivasan J
(Querist) 12 April 2018
Jigyasu sir. I know that within 3 months i need to vacate, my final dues were under preparation at different unit. I was residing in mother unit where criminal trial was going on. By way of fraud , my bank balance was rs.4 company filed open suit by telling court that I have 22 lacks and got warrant over that money. After getting warrant they themselves deposited 20 l in my bank account. Grabbed my provident fund too. Till date no settlement made. Over and above in the open suit they are claiming for rent penal rent. Judge ordered for trial to prove. In the meantime notice issued for eviction process. Is it correct way. Still criminal trail under trial. Am i not eligible for my Pf amount. How it is legal to ask a person without paying atleast pf.
Guest
(Expert) 12 April 2018
Apparently, due to lack of some right advice by some good service laws expert, or due to confusions of your own lawyer your your case has been complicated. No dues from Estates Officer controlling the departmental quarters is a must before settlement of terminal benefits.
P. Venu
(Expert) 12 April 2018
In my understanding, no deduction is permissible from the Provident Fund. Please verify.
So also, you understanding of the ongoing court matters does not appear to be correct.
srinivasan J
(Querist) 12 April 2018
I am ready to pay sir. Atleast let them release my Pf atleast
Guest
(Expert) 12 April 2018
Except the fraud case under section 420, the gateway to initiate full & final with the PSU is to vacate the quarter and to pay the rent, including the penal rent, as per the Government rules.
Don't try to mix up the court case and the departmental case. Both are on separate footings, as the court case pertains to criminal charge, while departmental case pertains to violation of employees discipline rules. Both should be fought on merits of each individual. If your lawyer has tried to mix up both the cases, the mistake can prove to be costly only to you, not to your lawyer.
But, be aware, except PF, retirement benefits can accrue to you only on exoneration by the court in the fraud case against you. So, effective presentation for the case is a must in the court of law. Your lawyer's careless handling at the lower court may cost you very dearly even till the level of the Supreme Court of India.
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srinivasan J
(Querist) 12 April 2018
I am not moving up the criminal and department inquiry sir. Company sought for claim including rent and penal rent by way of taking attachment to my provident fund amount. I need back only pf so that o can pay rent
srinivasan J
(Querist) 12 April 2018
Is an employee on termination needs to vacate quarter even if he does not get his pf. From where I will pay.
Guest
(Expert) 12 April 2018
Any delay in handing over of vacant possession of the quarter can continue to increase your liability of penal rent every month. Every payment from department, including the PF, is linked to no due certificate from each of the related department of the PSU, specially the designated Estates Officer of the quarters.
Further, be aware, PF does not earn interest after some specific period after termination/ retirement from service.
Rest depends upon your own wisdom.
