M.Y.EQBAL, J. - (1.) HEARD Mr. Rajiv Ranjan, learned counsel for the petitioners and Mr. R. Mukhopadhyay, learned counsel appearing for the respondents and with their consent these two writ applications are disposed of on merit at the admission stage. Since common question of law and facts are involved in both the writ petitions, the same are disposed of by this common order.
(2.) IN both the writ petitions the petitioners have prayed for issuance of appropriate direction upon the respondents for payment of full retirement -dues in terms of the circular No. 3/97 dated 9.9.1997 and circular No. 5/97 dated 9.10.1997. Further prayer has been made for a direction to the respondents not to charge market rent/penal rent from the petitioners for retaining the quarter till the entire retiral dues are paid to them. Before deciding the issue. I will first of all discuss the relevant facts of the case. The petitioners retired in 1997 from the services of the respondent -Heavy Engineering Corporation. The petitioners case is that in pursuance of the tripartite memorandum of settlement dated 24.7.1996 and 25.7.1996 the respondent -Corporation announced revised salary under a scheme, which was circulated vide circular No. 3/97 dated 9.9.1997. Under the said circular benefit was extended to all the employees with effect from 1.1.1992. Subsequent to the above circular the Corporation came with another circular No. 5/97 dated 9.10.1997 announcing the revision of scale of pay. dearness allowance etc. in respect of Executive Supervisors and employees in the equivalent salary grade effective since 1.1.1992. Petitioners case is that after retirement they repeatedly requested and reminded the Corporation for payment of retiral dues according to the revised pay scale. However, the respondents served notices upon the petitioners stating therein that the Corporation is ready to release the gratuity, leave salary and RTA provided the petitioners immediately execute a leave licence agreement for further retention of quarters. It is stated that the petitioners immediately filed representation to the effect that gratuity, leave salary and RTA are not the full retirement benefits and, therefore, they shall be allowed to retain the quarter till full retirement benefits are paid to them.
(3.) THE case of the respondent -Corporation in the counter -affidavit is that after superannuation the petitioners have been paid their retirement dues i.e. gratuity, leave salary. RTA etc. The Corporation accordingly directed the petitioners to vacate the quarter within 45 days and in case they wish to retain the quarter, they may apply for retaining the quarter on leave and licence by paying market rent and electrical charges. It is stated that consequent thereupon the petitioners applied for retention of the quarter and a leave and licence agreement was executed on 24.6.1999. The respondents further case is that so far payment of further retirement benefits in terms of the circular is concerned, it is provided in the circular that the payment of arrears in terms of the circular shall be based on the periodical review of the performance of the Corporation.;