ATTAR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner in this petition has sought quashing of demand (annexure-D) dated 31.10.1994 with further direction to the respondent to release the amount of Contributory Provident Fund along with interest at the rate of 12% p.a. and to release his unpaid dues, namely, one month salary for the month of May, 1993, difference of ex-gratia, difference of gratuity, arrears of dearness allowance, difference of leave encashment, difference of notice salary, difference of bonus for the years 1986 to 1991 and difference of House Rent Allowance and City Compensatory Allowance for the year 1986.

(2.) On 26.7.1995 when this petition came up, after the respondent had put in appearance and filed its counter affidavit, it was noticed that the amounts due and payable to the petitioner are far in excess of the amount of recovery sought to be made by the respondent from the petitioner. As such the respondent was directed to pay the amount due and payable to the petitioner except an amount of Rs.18,225.08, out of the retiral benefit. After this order, the parties filed further affidavits. We need not state the petitioner's case, as was put up when this petition was filed, except by noticing the stand taken in further affidavits.

(3.) It is stated that the petitioner was appointed as a Conductor in 1961 in the basic pay of Rs.102-110. He was redesignated as Assistant Cashier in October, 1975, when he was drawing a sum of Rs.302.00 as Conductor. After redesignation as Assistant Cashier, his pay scale was raised to Rs.260-6-326-8-390-10-400 plus Rs.40.00 as special pay. As the petitioner was already getting Rs.302.00 as Conductor, after redesignation he started getting Rs.302.00 plus Rs.40.00 as special pay.