Is My Company Right to Charge Me for Unpaid Leave After Resignation? Urgent Help Needed

Situation Overview

I joined a Pvt Ltd firm in Mumbai in June 2011 and got confirmed in February 2012. In April 2012, I applied one month in advance for 12 days of leave in May 2012 to appear for some exams. The HR person informed me that I only had 2 paid leaves remaining in my balance, and therefore, 10 out of the 12 applied leaves would be considered as 'leave without pay.' I agreed to this and took the leave in May 2012. After my exams, I rejoined the office and resigned on the same day. My resignation was accepted, and I was relieved on the same day with the assurance that I would receive my full and final settlement after some days.

After around 45 days, yesterday, I received an email from the office with an attachment of the FNF settlement calculation. According to their calculation, I am required to reimburse them for the 10 'leaves without pay' that I had taken before resigning, citing 'negative leave recovery.'

Request for Guidance

Are they correct in their calculation that I need to repay them for the 10 leaves without pay? I need to respond to their email and therefore need to understand my position. Please guide me - urgent.

Warm Regards,
Armaan

I hope the days were leave without pay, and no pay was given for these days. If so, there may be a mistake in calculation. Therefore, you may mail like follows:

I am in receipt of your mail with an attachment of the statement of F&F. I am surprised to find that I have to pay the company 10 days' pay for the leave I have availed during May. In this regard, I would like to inform you that the days were leave without pay, and no payment was given to me against these days of leave. I can understand if you had asked me to refund 10 days' pay if the leaves were paid leaves to which I am not entitled due to my resignation and if the leaves were reworked proportionately to the days worked. Here the case is different; the leave days were without pay, and demanding to refund an amount I have not received is really upsetting. Therefore, please go through your calculations once again and get back.

The above will serve the purpose, I believe.

Regards,
Madhu.T.K