BIPENDRA PRASAD LAL Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard counsel for the parties and with their consent, this application is disposed of at the stage of admission.

(2.) The petitioner in this writ application has prayed for a direction upon the respondents to refund him a sum of Rs. 58,360/- which, according to the petitioner has been illegally deducted from the amount of the petitioner's gratuity towards interest on the House Building loan which the petitioner had taken earlier from the respondents.

(3.) In the counter affidavit filed by the respondents, it is sought to be explained that under the terms of agreement executed by and between petitioner and respondents, a sum of Rs. 1,86,000/- was borrowed by the petitioner from the respondents by way of housing loan. The principal amount together with interest was to be repaid by the petitioner in 176 equal monthly installments spanning over a period of 20 years. However, even before the expiry of the period, the petitioner had opted for voluntary retirement which was accepted by the respondents on 07.12.1999. After acceptance of his voluntary retirement, the petitioner had obtained his retiral benefits which was assessed after he had submitted the no objection certificates from all the concerned departments. However it was later found that the House Building loan was not cleared by the petitioner and furthermore, some advances which the petitioner had earlier obtained, such amounts had also remained unpaid by the petitioner prior to the date of his retirement. As such, the total outstanding principal amount together with interest stood in the petitioner's loan account, was deducted from the amount of his gratuity together with the amounts which the petitioner had obtained by way of advance but not repaid.