( 1 ) THIS is a petition under Article 226 of the Constitution seeking a mandamus to command the respondents not to deduct any amount from the salary of the petitioner excepting the instalments agreed.

( 2 ) THE petitioner is an employee in the Indian Oil Corporation and was working as a technician in the Maintenance Department in Haldia Oil Refinery. He asked for and was sanctioned house building loan. It is not disputed that he did not raise any construction. There was an agreement in writing under the terms of which in case of non-utilisation of loan the entire amount was recoverable while in case of utilisation only instalments amounting to Rs. 2113/- per month were to be deducted from the petitioner's salary. The opposite parly however, started deducting larger amounts so that in the month of September, he was paid a salary of Rs. 5/- only. Aggrieved by this, he has come to the Court.

( 3 ) INTERIM Order was passed by this Court by which only Rs. 2113/- were permitted to be deducted from the salary in respect of the house building advance.

( 4 ) THE respondent moved an application for vacating this interim order. With the consent of the parties that applic