RAMESHWAR PRASAD SINHA Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 26. 03. 2008 whereby the learned Single Judge disposed of the writ petition being W. P. (S)No. 4499 of 2007 with a direction to the respondents to make payment of the amount of gratuity by issuing fresh cheque without deducting any amount towards penal rent for the premises, the petitioner occupied. However, liberty was given to deduct an amount equal to normal market rent of the premises in question for the period the petitioner-appellant was occupying the quarter unauthorisedly.

(2.) IT appears that the writ petitioner-appellant superannuated from service of the Respondent on 31. 03. 2006. On the one hand, the appellant alleged that after retirement, on two occasions he wanted to hand over the key of the quarter to the staff of the Respondent but they did not receive it. On the other hand, the case of the Respondents is that after superannuation, the appellant was served with notice for vacating the quarter but the same was not vacated immediately after superannuation. However, the fact remains that the appellant ultimately vacated the quarter on 21. 02. 2007. For the occupation of the quarter for about 7 months, the Respondents deducted about Rs. 46,200/- out of the gratuity amount as penal rent for said months. The learned Single Judge held that the respondents are not entitled to deduct any amount from the gratuity by way of penal rent. We do not find any reason to interfere with that part of the order. However, learned Single Judge gave liberty to the Respondents to deduct an amount equal to normal market rent of the premises.

(3.) NOW the question that falls for consideration is whether that part of the direction of the learned Single Judge to deduct an amount equal to normal market rent is justified.