Valmiki J. Mehta, J.

1. By this writ petition, petitioner seeks direction against his erstwhile employer/respondent/New India Assurance Company Limited for release of the ex-gratia and terminal dues amounting to Rs.4,95,297/- alongwith interest. Petitioner took voluntary retirement under the Special Voluntary Retirement Scheme, 2004 (in short ‘SVRS Scheme’), and dues claimed by the petitioner are part of the dues payable on the application for voluntary retirement being accepted by the respondent.

2. The fact that this amount was due and payable to the petitioner under the SVRS Scheme is not disputed by the respondent in the sense that such dues were calculated/payable as ex-gratia and terminal dues, however, what the respondent contends is that these dues were recovered on account of certain claims of the respondent, and further that since then categorical position of refusal to make payment was known to the petitioner by communication dated 9.10.2007, the present petition is barred by delay and laches.

3. Let me at the outset reproduce the letter dated 9.10.2007 and which contains the necessary item-(j) with respect to which the disputes exist between the parties i.e the d