ABILASH LOHAR Vs. INSTRUMENTATION LIMITED THROUGH THE CHAIRMAN CUM MANAGING DIRECTOR
LAWS(JHAR)-2004-3-48
HIGH COURT OF JHARKHAND
Decided on March 26,2004

Abilash Lohar Appellant
VERSUS
Instrumentation Limited Through The Chairman Cum Managing Director Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) IN the present writ application the prayer of the petitioner are three fold : - - (i) To pay all the legal and retrial dues with 12% interest. (ii) To pay due salary from November, 2000 to March, 2001 including the arrears as per revision of pay due from January, 1999 to November, 1999. (iii) To refund the amount of Rs. 1,00,000.00 (one lakh) which was deducted from his retrial dues. As per averments made in the writ application, the petitioner took voluntary retirement in March, 2001 from the post of Senior Foreman, RO (G) from Haldia site of the respondent No. 1 M/s. Instrumentation Limited falling in the State of West Bengal. He was initially appointed in the year 1971 and was posted at Bokaro office of Instrumentation Ltd. till he was transferred and posted in the State of Uttar Pradesh in the year 1994. Again in the year 1997 he was transferred to Rourkella Regional Office in the State of Orissa. In the year 1999, he was transferred to Mumbai and from there to Kolkata and then ultimately to Haldia (West Bengal) from where he applied for voluntary retirement under the voluntary retirement scheme, which was accepted on 15.03.2001. According to the petitioner after his retirement he was residing in Village Udrangi in the District of Lohardaga within the State of Jharkhand.
(3.) IN March, 2001 itself the petitioner made representation to the respondent No. 1 for payment of his entire legal and retrial dues. It is said that vide office note dated 25.05.2001 issued by the Accounts Officer (SA) a Demand Draft of Rs. 4,23,875/ -(four lakhs, twenty three thousand, eight hundred and seventy five) was sent to the petitioner wherein it was mentioned that Rs. 1,00,000.00 (one lakh) was deducted from his retrial dues as per the advice of Mumbai Office of the respondent No. 1. On the request made by the petitioner the concerned authorities did not give the break up of the payment so that he can claim his other due a statement of payment was supplied to him wherein it was shown that Rs. 11.246.36 paise and Rs. 77,237.15 paise has been deducted on account of rent and electricity charges for the quarters at RSP site and as per advice sent by Mumbai and Roukella office. The petitioner made a representation before the Senior Personnel Officer (R and SO) Instrumentation Limited, Kota, Rajasthan on 15,11.2001 for payment of his dues but to no effect.;


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