AMARESHWAR SAHAY, J. - (1.) HEARD the parties and with their consent this application is being disposed of at this stage itself.
(2.) THE petitioner, who was a field worker under the Central Coalfields Limited at Piparwar, superannuated from service on 31.3.2006. His grievance in this writ application is that the respondent CCL has not paid his gratuity and other dues, which he entitled to have after his retirement. It is stated by the petitioner in this writ application that by issue of Annexure -3 dated 16.2.2007, the petitioner was informed by the Staff Officer (P and A). Piparwar Area, that after his retirement he has not vacated the quarter, which was in his occupation, therefore, he should vacate the quarter immediately, failing which penal rent at the market rate shall be recovered from him in terms of the rules of the company. The petitioner thereafter, vacated the quarter on 19.2.2007 itself and the hospital authorities gave him the clearance certificate in that regard.
(3.) A counter -affidavit has been filed on behalf of the respondent CCL. In para 6 of the counter -affidavit, it has been stated that by issue of notice dated 13.9.2006 the petitioner was informed to collect the cheque for a sum of Rs. 1,44,968.10 paise after submitting a no dues certificate and after vacating the quarter, but the petitioner did not vacate the quarter and continued to occupy the same and, therefore, now out of his total gratuity amount of Rs. 1,44,968.10 paise, an amount of Rs. 46,200/ - has been deducted towards penal rent for a period of 7.5 months, i.e. from July 2006 to 20th February, 2007. It is also stated in the counter -affidavit that a cheque for the balance amount of Rs. 98,768.10 paise is ready for payment to the petitioner, which he can receive.;