1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 684 OF 2010 Daulat Chhana Dholi ...Petitioner Versus The Chairman and Managing Director, National Aviation Company of India Ltd. (Air India Ltd.) & Anr. ...Respondents Mr. Ramesh Ramamurthy with Mr. Saikumar Ramamurthy for the Petitioner Mr. S.K. Talsania, Senior Advocate, with Ms. Kavita Anchan i/by M/s. M.V. Kini &Co. for the Respondents. CORAM: J.N. PATEL AND A.P. BHANGALE, JJ. DATE: APRIL 19, 2010 P.C.:- Heard. 2. The petitioner approaches this Court seeking a direction against the respondents to stop deducting any amount from his salary towards enhanced compensation / Quarter Licence Fee, the same being illegal, arbitrary and vindictive. 2 3. It is the case of the petitioner that he was allotted Quarter No. 10/2/A, which is on the ground floor, being employed with the respondents. On 26th July, 2005, due to heavy flood in Mumbai, the service quarter of the petitioner got flooded, and he was forced to shift to Quarter No. 6/16/B on the 1st floor. The respondents, from 22nd April, 2006, started deducting a sum of Rs.8,800/- per month from his salary towards enhanced Quarter Licence Fee for occupying the said quarter. Aggrieved by the said action, the petitioner filed Writ Petition No. 1945 of 2007 in July, 2007. This Court, while disposing of the petition, directed the respondents to pay salary of the petitioner from February, 2008, with liberty to him to make a representation for the refund of the amount already deducted. It is the case of the petitioner that on 11th March, 2008, he made a representation to respondent No.1 for refund of the amount of Rs.8,800/- per month deducted from his salary, but there was no response. Therefore, again, he has been forced to approach this Court. 4. The respondents have filed their affidavit-in-reply, and contended that the petitioner did not vacate the ground floor quarter, No.10/2/A, and also the quarter, which was allotted to him in 3 July 2005, i.e., Quarter No.6/16/B, on the 1st floor and also continued to occupy another quarter, which had been allotted to him, i.e., Quarter No. 9/7/A in the Old Air India Colony, where the petitioner was initially allotted quarter. It is submitted that the petitioner did not comply with the requirements of vacation of the quarter, which led to the deduction of his salary against the recovery towards enhanced Quarter Licence Fee. 5. It is the case of the respondents that on or about 24th June, 2009, the petitioner handed over the keys of Quarters No.10/2/A and 6/16/B, without furnishing Vacation Report. Therefore, the respondents, by their letter dated 24th June, 2009, called upon the petitioner to sign and submit the Vacation Report in respect of the two quarters immediately. The petitioner failed to comply with the same. 6. On the last date of hearing, the learned counsel for the petitioner, after seeking instructions, stated that the petitioner would sign a Vacation Report in respect of the two quarters, and accordingly, on 6th April, 2010, he has executed the Vacation Report in respect of the two quarters. 4 7. Today, during the course of the hearing, the learned counsel appearing for the respondents submitted that though the petitioner had not given the Vacation Report on 26th June, 2009, but factually, he had handed over the keys of the two quarters, the respondents are ready to consider that the two quarters were vacated by him on 26th June, 2009, even though the Vacation Report has been signed by him on 6th April, 2010, and that the respondents would not deduct any enhanced Licence Fee against those two quarters. This concession is shown to the petitioner as an exception, considering his physical disability. 8. We find that the respondents have already taken into consideration the grievances of the petitioner. Therefore, there is no need of their re-examining the case of the petitioner on the representation made by him in the matter. 9. We, therefore, dispose of this petition, with a direction to the respondents not to deduct any enhanced Licence Fee from the petitioner’s salary with effect from 26th June, 2009, and shall 5 continue to pay to the petitioner his regular salary, without any such deduction, and the amount already deducted beyond the period of 26th June, 2009 be refunded to him, without any deduction, within a period of four weeks. J.N. PATEL, J. A.P. BHANGALE, J.