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Calcutta High Court Backs Deducting Penal Rent From Gratuity for Retirees Who Overstay in Company Housing

The ruling aligns company policies with Supreme Court precedent to curb unlawful retention of official housing.

Overview

  • Eastern Coalfields Limited won a High Court order that allows it to deduct rent and penal rent from a retiree’s gratuity for staying on in a company quarter.
  • The case involved a gratuity of Rs 18,99,752 withheld after the employee retired on June 30, 2022 and continued to occupy Quarter NHA-A/10 in Sarkar Para.
  • The Court returned the deposited gratuity to ECL and said deductions can continue until the quarter is vacated, after which any balance must be paid within 15 days.
  • Justice Shampa Dutt relied on Supreme Court rulings in SAIL v. Raghbendra Singh and ONGC v. V.U. Warrier and on a 2023 government memo that counts rent, penal rent, and utilities as government dues.
  • The judgment seeks to deter quarter hoarding by retirees and clarifies that employers may adjust such dues against gratuity, which is a lump sum owed after long service.