M.Y. Eqbal, J. - (1.) HEARD the counsel for the parties.
(2.) THE petitioner retired from the service of the respondents on 31.3.1998 but after retirement he continued the occupation of the quarter in anticipation of receiving retiral benefits. The petitioner vacated the quarter in February, 2002 and, thereafter, retiral benefits was paid in July, 2002. While making payment of retiral benefits the respondents have deducted a sum of Rs. 38,376/ - by way of penal rent. The grievance of the petitioner is that the respondents are not entitled to realize penal rent for the reason that the retiral benefits has been paid only in July, 2002. The contention of the respondents is that the retiral benefits was payable only after submission of 'no dues certificate' and on vacation of the quarter.
(3.) THE respondents have annexed a copy of memorandum issued by the respondent -Corporation to the effect that, final -dues shall be settled only after vacating the quarter in occupation of the employee. The respondents, in their counter affidavit, have also stated that the entire gratuity amount has been paid and the penal rent has not been deducted out of the gratuity amount, rather, penal rent has been recovered out of other retiral dues payable to the petitioner.;