JUDGMENT S. Chandrashekhar, J. - On second call also, the learned counsel for the petitioner is not present. 2. After this writ petition was filed on 24.09.2010, on request of the learned counsel for the petitioner hearing of this case has been adjourned at least on six occasions before the learned counsel stopped appearing in the matter. On 20.03.2015, 07.05.2015, 06.01.2016 and 08.03.2016, the learned counsel for the petitioner was not present when the writ petition was called out for hearing. 3. In the writ petition, the petitioner has made a prayer for a direction upon the respondents for payment of retiral benefits and other legal dues. 4. In the affidavits filed on behalf of the respondents, it is pleaded that all admissible post-retiral benefits accrued to the petitioner, except gratuity and leave-encashment, have been paid to him. Reason for withholding gratuity and leave-encashment is retention of official accommodation by him after his superannuation from service. 5. The Payment of Gratuity Act, 1972 provides that gratuity can be withheld or forfeited, only when it is found that the employee whose service has been terminated for any act of willful omission or negligence causing any damage or loss or destruction of property belonging to the employer, and that too only to the extent of the damage or loss so caused. Sub-section 6(b) to Section 4 provides that the gratuity payable to an employee may be wholly or partially forfeited if service of such employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part or if the service of such employee has been terminated for any act which constitutes an offence involving moral turpitude. section 7(3) of the Payment of Gratuity Act, 1972 provides that within 30 days when gratuity becomes payable the employer shall arrange payment of gratuity to the employee and Section 7(3-A) provides that if gratuity payable to an employee is not paid for no fault of the employee, it shall accrue interest. Section 13 of the Act provides that gratuity payable to an employee shall not be liable to attachment in execution of any decree or order of a civil, revenue or criminal court and Section 14 confers overriding effect to the provisions of Payment of Gratuity Act, 1972 over any other enactment. Section 13 of the Act provides that gratuity payable to an employee shall not be liable to attachment in execution of any decree or order of a civil, revenue or criminal court and Section 14 confers overriding effect to the provisions of Payment of Gratuity Act, 1972 over any other enactment. In " Balbir Kaur and Another vs. Steel Authority of India Ltd. and Others" reported in (2000) 6 SCC 493 , it has been held that, "the payment of gratuity is no longer in the realm of charity but it is the statutory right provided in favour of the employee". 6. The petitioner was not terminated from service and any of the grounds mentioned under sub-section 6 to section 4 of the Payment of Gratuity Act, 1972 is not attracted in his case. It is not the case pleaded by the respondents that on account of an act; disorderly or riotous, on part of the petitioner loss has been caused to the respondent-Board. By an executive order provisions under the Payment of Gratuity Act, 1972 cannot be superseded. 7. Accordingly, withholding of gratuity on the ground of retention of official quarter by the petitioner is held illegal. The petitioner was not paid gratuity payable to him within the statutory period which would earn thereon, however, in the facts of the case in lieu thereof the respondents are directed not to impose penal rent for retention of the official accommodation by the petitioner. In view of the supplementary counter-affidavit dated 13.06.2018 in which the respondents have asserted that the petitioner has been paid arrears of pension on account of revised pension, GPF and GSS, this writ petition stands disposed of with a direction to the Director of Accounts-respondent no.5 to ensure payment of gratuity to the petitioner, however, without interest, but leave-encashment shall be paid to the petitioner with statutory interest @ 5% p.a., within a period of four weeks. Upon payment of gratuity and leave-encashment, the petitioner shall vacate the official accommodation within next eight weeks. 8. Copy of the order shall be given to the learned counsel for the respondents and transmitted to the petitioner at his Ramgarh address as disclosed in the memo of parties. 9. The writ petition stands disposed of.