Waiver Of Notice Period - Need Urgent Help

1) In my organisation there is a policy of three months notice period at the time of leaving or 3 months salary if notice period is not served to the company, but i have served 12 days notice period to my boss and My boss was agreed to that. My boss also requested HR to waive off my notice period and has written that principaly no objecton from his side if i leave in 12 days. But HR is refusing this recommendation of waiving off my notice period. I have done my handover completely and now i have left the organisation too. ( I have the written recommendation of my boss to HR)

Now the HR is calling me that I have to pay them the money of notice period, if I will not, they will take the legal action.

2) In the full & final settlement sheet they have considered my salary of last financial year where I had changed my salary structure for this financial year and I had transferred my flexi allowances into special allowance so that it can be considered in my leave encashment. As leave encashment includes – Basic, HRA & Special Allowance. (I have the proof of my changed salary structure for the current financial year). Can i tell them to calculate my leave encashment as per my current salary structure of this financial year.

3) There is an PLP (performance linked pay) in the company which is mentioned in the appointment letter but in last two years they have not given the same to us. Its a real estate company and last year they have written an email that because of recession they are withdrawing this policy but one can take 50% of plp if they invest in any property of the company. Lots of senior has taken this offer and got their 50% plp but employee like us who have their plp in 1000s only has not received any thing.

WHAT CAN BE DONE IN THIS REGARD?
DO I HAVE TO PAY THEM THE 78 DAYS SALARY, WHICH I HAVE TOLD THEM THAT BECAUSE OF MY FINANCIAL PROBLEMS I CANNOT PAY AND THIS IS THE ONLY BIG REASON TO LEAVE THIS JOB?
CAN THEY TAKE ANY LEGAL ACTION ON THE SAME?

Please help me by replying this email and give your guidance

Have you got any document with you stating your boss's and your agreement about being comfortable with you serving the company for 12 days instead of 90 days?

Dear Kapoor ..................
1) It is very clear that you are aware about the three months notice period. And the waiver of notice shortfall is the discretion of the management. We can request them in written to waiver it but the mgt will decide on it. So you may request again.
2) It is your right that you can ask the settlement as per the revised pay but you should have the proof and effective date also prior to your resignation.
3) PLP is not only liked with individual employee performance but also company’s performance. So based on the company performance they have declared 50% of the PLP, that you are eligible ensure any written circular has displayed.
Hope you can understand, them employee can take legal action if any violation as per the accepted appointment order terms & condition. The same right you also have.
Think well before conclude the issue……….