R.K. Merathia, J. - (1.) Petitioner has challenged the order dated 20.4.1998, passed by respondent No. 2 in P.G./Appeal No. (21)/97 (Annexure-1) and also the order dated 23.7.1996, passed by respondent no. 3 in Application No. 36(14)/95-E-II, whereby petitioner has been directed to pay Rs. 75,000/- as gratuity to respondent no. 4.
(2.) The grievance of the petitioner is that the husband of respondent no. 4 retired on 31.1.1989 and he was entitled to retain the quarters for four months i.e. up to 30.5.1989, as per the rules but the quarter was retained up to 11.5.1994 and therefore the petitioner was entitled to deduct the penal rent from the said amount. It is further submitted that in the Division Bench Judgments of this Court reported in (2003)(4) JCR 706, 707 and 708 (Pat) (RB), (in which also petitioner was one of the parties), it has been held that in such cases petitioner was entitled to deduct the penal rent from the amount of gratuity.
(3.) In view of the said judgments, it is held that petitioner is entitled to deduct the penal rent from 1.6.1989 to 10.5.1994 from the said amount of gratuity. After deducting the said amount, petitioner is directed.to pay the balance amount to respondent no. 4 along with its calculation, within two months from today, failing which interest @ 6% per annum will also be paid on such balance amount from the date of retirement, till the date of payment.;