- (1.) THE present writ petition has been preferred for the following relief: (a) For the issuance of an appropriate writ, orders, directions for quashing of the demand letter dated 07.05.2002 issued by the respondents whereby and whereunder the respondents have deducted huge amount towards Damage charges for retention of Company Quarter in addition to the market rent for the extra retention of the company quarter which is grossly illegal and arbitrary and against the various orders passed by this Hon'ble Court from time to time (as contained in Annexure -6) whereby respondents have thus refunded the damages charges for other VRS optees similarly situated and placed that of the petition. (b) For commanding upon the respondents to pay the following admitted retiral dues to the petitioner: Demurrage (i) Refund towards Market Rent deducted from unpaid salary ( December 2000 to 25.4.2002) from date of release to date of vacation of quarter ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦..Rs. 16,968.00 (ii) Refund toward Demurrage Charge deducted for the period 1.12.2000 to 26.4.2002 @ Rs.3549.60 P.M ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦..Rs. 59,751.60 (iii) Balance unpaid Salary as per revised scale from Sept.99 to Nov. 2000 ¦ ¦ ¦ ¦ ¦ ¦ ¦Rs. 43,221.00 (iv) Co -operative dues ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.RS.12,000.00 (v) Excess recovery towards House Rent and Electricity Charge ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.Rs. 5052.00 (vi) Loss of interest on account of delay in release of permanent. (x) Withdrawal from P.F. (2400.00+1600.00) Rs.4000.00 (y) Wrongful deduction from P.F. On final settlement of P.F. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.Rs.2400.00 Rs. 6400.00 (vii) Balance reimbursement of medical bill related to special diseases ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦. Rs.12,275.00. (vii) Interest on delayed payment of provident fund and Ex -Gratia. (C) For declaring the action of the respondents in delaying the release of the admitted Retiral Due and at the same time demanding charges for the retention of Company as grossly illegal and arbitrary.
(2.) THE learned counsel for the petitioner as well as respondents have referred to a judgment which is annexed at page 37 being M.J.C.No.191 of 2001 wherein the respondents had agreed not to charge any penal rent/market rate or demurrage from the petitioners on the ground that petitioners have already vacated the quarters as per the statement recorded and also in view of the fact that learned counsel for the petitioners Mr. Rajiv Ranjan submitted that they have already vacated the quarter in April 2002 itself. This writ petition is disposed of to the extent of the aforesaid observation which has also been agreed by the learned counsel for the respondents that the penal rent/market rate or demurrage will not be charged.
(3.) HOWEVER , it goes without saying that if any amount becomes due or payable the same shall accordingly be adjusted and the excess amount after adjustment be refunded. Let the same be done within a period of three weeks and the admitted amount will be refunded accordingly.;