S S BHALLA vs EAST CENTRAL RAILWAY on 12 October 2026

1. T R V

2. T P

3. T D

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By Ad

PER :

Section relief(s

CENTRAL ADMINISTR PATNA BENCH

OA/050/00085

CORA HON’BLE MR. KUMAR RAJESH Dat S.S. Bhalla Son of late Daljit Sin Central Railway, Sheikhpura, R Matera, District- Bahraich (UP). Advocate(s) :- Shri M.P. Dixit -Versu he Union of India through the Railway, Hajipur, P.O.- DiggiKal Vaishali, Pin-844101. he Divisional Railway Manager O- Khagaul, District- Patna-801 he Senior Divisional Personne Danapur PO- Khagaul, District- P he Senior Divisional Operating Danapur PO- Khagaul, District- P he Senior Divisional Finance Danapur PO- Khagaul, District- P dvocate(s) :- Shri T.N. Thakur, ORD KUMAR RAJESH CHANDRA, M This Original Application has b n 19 of Administrative Tribunal

s) :- “8.1 That your Lordships may and set aside the impug contained in Annexure A/

RATIVE TRIBUNAL H, PATNA

M H CHANDRA, MEMBER (A) Order Reserved on 24.09.202 te of Pronouncement 12.10.202 ngh Commercial Supervisor, Ea Resident of Vill- Nihalpurwa, P.O . ……..Applican us- e General Manager, East Centra lanP.S.- Hajipur (Sadar), Distric r, East Central Railway, Danapu 105 (Bihar). l Officer, East Central Railway Patna-801105 (Bihar). g Manager, East Central Railway Patna-801105 (Bihar). Manager, East Central Railway Patna-801105 (Bihar). …….Respondent ld. Sr. CGSC DER MEMBER (A) been filed by the applicant Unde l Act 1985 seeking the followin y graciously be pleased to quas gned order dated 30.07.2024 a /1.

ast O. nt. al ct- ur y, y, y, ts

er ng sh as Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

2. applica and a Superi Divisio Railwa applica situate availab was ag 17 to vacate inform quarter respon salary conten of HRA per the sudden Rs. 27 22.05.2 his sal stayed

8.2 That your Lordships m direct/command the respo No.29/A, Type-II, Railwa same under his realizing/deduction of no charges per month from for the entire period of oc 8.3 That your Lordships m direct/command the resp already recovered again 30.07.2024 hence forth. 8.4 Any other relief or rel proceeding may be allowe The brief facts of the case as em ant was initially appointed unde at the time of filing this O.A intendent, East Central Railwa on. The applicant during his po ay Quarter No. 29/A, Type ant was transferred to Warshalig ed at about 18 Km from Nawada ble at Warshaliganjhe retained gain transferred from Warshaliga 18 Km distance from Nawada the said quarter. It is the con med the controlling authority a r but he did not enclose/produce ndent authorities were deductin since the date of allotment ntion, applicant has enclosed the A, Water charges and Electric C e applicant, he was never asked t n applicant was issued a letter d 7,71,494/- towards damage rent f 2024 and the recovery was starte lary with effect from August 2 d vide order of this Tribunal d may graciously be pleased t ondents to regularize the quarte ay Colony, Nawada treating th valid occupation due t ormal quarter rent and electrici the monthly salary of applican ccupation. may graciously be pleased t pondents to refund the amoun nst the impugned order date liefs including the cost of th ed in favor of the Applicant.” merged from the pleadings is tha er the Respondents on 04.08.198 A. was posted as Commercia ay, Sheikhupura under Danapu osting at Nawada, was allotted -II on 16.11.2012. Thereafte ganj vide letter dated 11.05.201 a.As there was no quarter facilit the said quarter. Thereafter, h anj to Sheikhpurasituated at abou a, on 10.08.2021 but he did no ntention of applicant that he ha about the retention of the sai e any document in this regard. Th ng HRA continuously from h of quarter. In support of th e pay slips wherein the deductio Charges have been mentioned. A to vacate the said quarter. All of dated 30.07.2024 for recovery o for the period from 11.05.2017 t ed @ Rs.30,000/- per month from

024. However, the recovery wa dated 12.11.2024. The applican to er he to ty nt to nt ed he at al ur a er, ty he ut ot ad id he his is on As f a of to m as nt Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

vacate 30.11.2

3. Per c workin Quarte transfe to his applica have Nawad at new transfe but he the sa Learne Railwa accom month Howev month fee i.e the afo curren permis Since occupa has be vide R Learne the Ho Union A

d the quarter on 22.05.2024 2024. contra, counsel for respondents h ng as a Commercial Supervisor er No. 29/A Type-II at Railw erred from Nawada to Warshalig s transferred place on 17.05. ation for retention of allotted Ra informed/requested to retain t da on the ground of non-availab w place of posting i.e. Warsha erred to Sheikhpura on 10.08.20 did not apply for the Railway Q aid quarter without giving any ed Counsel for respondents has ay employee may be perm mmodation at the former station hs on payment of normal rent or ver, the said period may be ext hs on education or sickness grou . double the flat rate of license f oresaid period may be granted nt academic session on payment ssible limits, and no further exte no extension for retention was ation was declared as unauthoriz een calculated as damage rent Railway Board's master Circular N ed counsel for respondents relie on'ble Supreme Court of India d n of India Vs Sisir Kumar Deb w "5. In the result, we set as 25.02.1993. We further mak Administration will be free to ta the respondent, if necessary, b and he retired from service o has submitted that applicant whil at Nawada, was allotted Railwa way Colony, Nawada. He wa ganj on 11.05.2017. He moved o 2017 but did not submit an ailway Quarter. Applicant shoul the Railway accommodation bility of Railway accommodatio aliganj. Thereafter, he was agai 021, where quarter was availabl Quarter at Sheikhpura and retaine information to the departmen s submitted that, after transfer, mitted to retain the railwa n of posting for a period of tw single flat rate of license fee/ren tended for a further period of si und on payment of special licens fee/rent. Further extension beyon on educational ground to cove of special license fee beyond th ension is allowed on any ground s granted to applicant hence th zed. Accordingly, Rs. 27,71,494 w.e.f. 11.05.2027 to 22.05.202 No. 49. ed upon the judgement Passed b dated May 2, 1996 in the case o wherein it has been held that : side the impugned order date ke it clear that the Railwa ake possession of the quarter from by use of force, if he does no on le ay as on ny ld at on in le ed nt. a ay wo nt. ix se nd er he d. he 4/- by of ed ay m ot Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

A

4. reitera retaine and th electric of his the rec down Act, 19 of Hon Smt. reprod deliver the possession wit Administration will also be fre amount payable to the responde difference in accordance with la Applicant has filed rejoinder to ated the earlier submission. Addit ed the quarter after proper inform he respondents have deducted city charges etc. from monthly s continued occupation of the quar covery from the aforesaid dam in "The Public Premises (Evict

971. Learned counsel for applica n'ble CAT, Principal Bench da Angoori Devi Vs UOI. Para duced as under :-

7. Shri Yogesh Sharma h in Union of India and 2003(1) JT 2002 (supp.1) has examined the provisi Manual of Railway Pen under:-

2. The learned counsel fo decisions of this Court in Deb [1991 (1) SCC L & Education v. K. Sita Devi Chand v. Union of India 515]. In none of these de effect to the relevant rul had been considered. In decisions cannot be of m relevant rule applicable concerned is rule 323 wh Railway Pension Rules, 1 claim against the railway three circumstances; "(a) losses (including sh shortage in stores) caused negligence of fraud on while he was in service;

(b) other government d account of pay and allow thin days. The Railwa ee to recover its dues from an ent and if the same falls short, th aw." the written statement wherein h tionally, he has submitted that h mation to the controlling authorit d monthly rent of said quarte salary that is an acknowledgemen rter. It has been further stated th mage rent is against the law lai tion of Un-authorised Occupant ant has relied upon the judgemen ated 9th January 2014 in case o agraph 7 of the judgement as also relied upon the judgmen Ors. v. Madan Mohan Prasa ) SC 68 wherein the Apex Cou ions contained in Rule 323 in th nsion Rules, 1990 and held a for the appellants relied upon th n Union of India v. Sisir Kuma & S 781], Director of Technica i [1991 Supp (2) 386] and Waz a & Ors. (JT 2000 (Suppl.1) S ecisions, the actual import or th les regarding payment of DCR n that view of the matter, thes much help to the appellants. Th e so far as the respondent hich is available in the manual o 1950. It is made clear therein tha ay servant may be on account o hort collection in freight charge d to the government as a result o the part of the railway servan dues such as overpayment o wances, or admitted and obviou ay ny he he he ty er, nt at id s) nt of is nt ad rt he as he ar al zir SC he G se he is of at of es of nt on us Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

5. I ha the ap record arrived The tw (A)Wh previo 22.05.2 can be license (B) W procee Unauth when t 5.1The occupa three p dues such as house rent, p outstanding advance etc.;

(c) non-government dues.

3. It cannot be said that t appellants can be brough The claim made on beha collect normal house re addition. That is not with What is contemplated th dues. The payment result 'admitted' nor 'obvious' determination has to be m permissible under releva appropriate cases. In tha said that such due is eith we do not think that the vi any interference. Howeve appellants have to disbur the normal house rent, i charges, which are 'adm deducted out of the same, ave heard the submissions made pplicant and the respondents, p d and considered the matter in d at the following conclusion: wo issues to be decided are as fol hether the unauthorized retent us place of posting (Nawada) fo 2024—without written approval e regularized merely because t e fees or standard utility charges Whether the respondents' omi edings under Section 7 of the horised Occupants) Act, 1971, in the duration of occupation is an a e first issue has to addressed by ation of the initially lawfully al parts.

post office, life insurance premia ; " the case put forth on behalf of th ht in any one of these categorie lf of the appellants is not only t ent but also penal damages, i hin the scope of rule 323 at al herein is 'admitted' and 'obviou ting in penal damages is neithe dues apart from the fact tha made in such a matter. It is als ant rules to waive the same i at view of the matter, it cannot b er 'admitted' or 'obvious'. Henc iew taken by the tribunal calls fo er, it is made clear that while th rse the DCRG to the responden inclusive of electricity and wate mitted' or 'obvious' dues can b if still due. e by both the learned counsels fo erused the material available o n its entirety. Thereafter, I hav llows: tion of a railway quarter at or seven years from 11.05.2017 t l from the competent authority— the department deducted norma from the employee's salary. ission to institute independen e Public Premises (Eviction o nvalidates the impugned recover admitted fact. dividing the whole period of sai llotted railway accommodation i a, he es. to in ll. us' er at so in be e, or he nt er be or on ve a to — al nt of ry id in Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

Accom applica posting of th Accom Author posting posting of Rail The pl cannot written docum applica 2017 t respon Railwa course entitlem there i allotm Hence Warsh the ap viewed implie author presum Railwa irrespe

The period of occupation since mmodation at Nawada on 16 ant was transferred out of Nawad The period from 11.05.2017 to g of the applicant at Warshaligan he written statement of th mmodation was available. The C rities allowed retention of the g only up to 30th June 2021, is a The period from 10.08.2021 to g of the applicant at Sheikhpura lway accommodation was availa lea of the applicant that he "inf t substitute the mandatory req n order of extension from the ment or formal sanction order ha ant to establish that his stay wa that is two months after May ndents in their written statemen ay Accommodation is available e, during the stay / posting of ment in the form of Railway ac is no document produced by the ment of accommodation at Sheikh , up to the period of the s haliganj, the issue of retention of pplicant at his previous place d differently as a man of comm d permission after giving due rities about such retention. He mption if it is expressly conveye ay Accommodation at his previ ective of the fact that no Railwa e lawful allotment of the Railwa 6.11.2012 to 11.05.2017till th da to Warshaliganj. 10.08.2021 is the period of stay nj where admittedly as per Para he respondents, no Railwa Covid period, when the Railwa quarter at the previous place o also getting covered in this period 22.05.2024 is the period of stay where his entitlement in the form able. formed" the controlling authorit quirement of obtaining a forma competent estate authority. N as been brought on record by th as legally permitted beyond Jul 2017. But at the same time th nt Para 5 have conceded that n e at Warshaliganj. Thereafter, o the applicant at Sheikhpura, h ccommodation was available an e applicant that he applied for th hpura. tay/posting of the applicant f the Railway Accommodation b of posting (Nawada) has to b mon prudence will understand a e information to the responden e will not be justified in suc d to him that he has to vacate th ious place of posting at Nawad ay Accommodation is available a ay he y /

ay ay of d. y / m ty al No he ly he no of his nd he at by be an nt ch he da at Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

Warsh any s respon Affair during period license emplo Howev the fac law th linked Once a the allo permis departm water unauth conseq occupa of the 5.2 No submis deduct under the dam slabs coverin occupa as the 22.05.2 rules) simply haliganj. There is no document such communication was m ndents. In the meantime, the M rs (Directorate of Estates) issu g the 2020–2021 lockdowns d of retention for government e fee, explicitly treating the loc oyees wouldn't face forced evict ver, the period beyond 10.08.202 cts and circumstances of the insta hat government or Railway Acc directly to the place of posting an employee is transferred out o otted quarter at that station cease ssible period provided under th ment continued to deduct stan charges from the applicant's horized occupation. The deducti quence of the physical consump ant. It cannot be construed as an liability to pay damage rent unde ow, the second issue can be ad ssions.The applicant has argued ted directly from terminal benef Pension Rules. However, in the mage rent has been explicitly co set out under the Railway B ng the period from 11.05.2017 ation of Railway Accommodati e applicant himself states that 2024. Since the parameters (p are distinct, quantified, and v y an arithmetical calculation. Th t on record to demonstrate tha ade to the applicant by th Ministry of Housing and Urba ed specific office memorandum that extended the permissibl accommodations on a nomina ckdown phase as an exception s tion or penal rent. 21 has to be treated differently i ant O.A. It is a settled principle o commodation is a public amenit to ensure smooth public servic of a station, their right to occup es upon the expiry of the standar he rules. The mere fact that th ndard license fees, electricity, o s salary does not condone a ion of utility fees is a necessar ption of public resources by th n implied regularisation or waive er Master Circular No. 49. ddressed by considering the riv d that penal damages cannot b fits as "admitted or obvious dues e present case, the calculation o omputed based on fixed statutor Board's Master Circular No. 4 7 to 22.05.2024. The period o on at Nawada is an admitted fac he vacated the quarter only o period and applicable penal rat verifiable, the demand raised he issue for examination is wit at he an m le al so in of ty e. py rd he or an ry he er al be s" of ry of ct, on te is th Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

regard calcula A publ indefin at that station claim admini provid comple financi much b time b the fie (Pensio 16(1) railway robust "unpai Gratui respon liabilit Regard (Evicti cogniz be un arbitra said A from th purpos of the due pr Howev Act ca d to the period that needs to ation. lic servant cannot claim a vested nitely at the cost of other eligibl t station. The applicant's failure n (Sheikhpura) where accommod of absolute necessity unlike istrative indulgence during th ded temporary relief against fo etely absolve a multi-year u ial liabilities accrued over a lon before such epidemic and exten ecause of this epidemic. Address eld is completely occupied by R on) Rules, 1993 (and its subsequ explicitly mandates that it is th y servant to clear all railway d statutory mechanism to auto id license fee" and "damage rent ty (DCRG) without requiring a ndents possess the foundational ties from terminal benefits. ding the non-adherence to Sec ion of Unauthorised Occupants) zant of the settled legal position nilaterally quantified by the a ary, unliquidated, or factually di Act says that this is an act for ev he public premises and matters i se of this act is eviction of such Public Premises Act provides ocess through an Estate Officer. ver, the requirement to invoke annot be stretched to cases wher be taken into account for suc d right to sit over public premise e employees waiting in the queu to apply for a quarter at his new dation was available weakens h his stint at Warshaliganj. Th he Covid-19 lockdown phase orced evictions, but it does no nauthorised occupant from th ng period starting from a perio nding way beyond the permissibl sing the statutory rule framework Rule 16 of the Railway Service uent statutory amendments). Rul he bounden duty of every retirin dues, and Rule 16(2) provides omatically withhold or recove " from the Death-cum-Retiremen a separate consent. Therefore, th statutory power to realize quarte ction 7 of the Public Premise ) Act, 1971, this Tribunal is full n that penal rent cannot normall administration if the liability isputed. The very first line of th viction of unauthorized occupan incidental thereto. So, the primar unauthorized occupant. Section a quasi-judicial shield to ensur Section 7 of the Public Premise re the liability is clear, liquidated ch es ue w his he es ot he od le k, es le ng a er nt he er es ly ly is he nts ry re es d, Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

and u require applica Firstly 11.05.2 Second or rete Thirdly physic 22.05.2 premis Since damag discret Circula damag by an well-e and the nil fr circum Furthe standa salary does it fees is resourc regular Master sit ove

6. quarter undisputed. In the present case ed to trigger a Section 7 inq ant himself in his pleadings: y, the applicant admits he was 2017. dly, the applicant admits he did ention order from the competent y, the applicant explicitly ad cal stay, confirming he va 2024.Therefore, there is now no ses. the period of unauthorised reten ge rent has been computed math tionary statutory tariff slabs un ar No. 49, there remains no fa ge" that requires a separate adjud Estate Officer under Section 7 o stablished maxim of law that “ e law does not compel the perfor rustra facit).Mandating a Se mstances would be a redundant ex ermore, the mere fact that the ard license fees, electricity, or w does not create an equitable est t condone an unauthorized occu s a necessary consequence of the ces by the occupant. It cann rization or waiver of the liab r Circular No. 49. A public serv er public premises indefinitely w In view of the fact that the ap r on 22.05.2024 after receipt of e, the basic jurisdictional fac quiry are fully admitted by th s transferred out of Nawada o not possess any written extensio authority. dmits the exact duration of h acated the premises only o o issue of eviction from the publi ntion is an admitted fact, and th hematically using the rigid, non nder the Railway Board's Maste actual ambiguity or "unliquidate dication or recording of evidenc of the Public Premises Act. It is “admission is the best evidence rmance of a useless formality (le ection 7 inquiry under thes xercise in procedural formalism. department continued to dedu water charges from the applicant toppel against statutory rules, no upation. The deduction of utilit e physical consumption of publi not be construed as an implie ility to pay damage rent unde vant cannot claim a vested right t ithout authorisation. pplicant has already vacated th f communication of the impugne ts he on on his on ic he n- er ed ce a e” ex se

ct t's or ty ic ed er to he ed Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

order, discus in the (A) T impug treatin Accom occup posted Accom period period circum instru period of stay (B) Th applica installm any, fo (C) Th calcula with th receipt (D) No

Mks prior to his retirement from sion made in the preceding para following terms: The respondents are directed t ned order dated 30.07.2024. T ng the period of unauthorize mmodation from 11.08.2021 to ation of Railway Accommoda d at Sheikhpura and di mmodation there despite its d of his retention of the Railw d of posting at Warshaligan mstances discussed in the ction of the Respondents th d allowing an exception that w y at Warshaliganj. he calculation of penal rate w able rules that can be recove ments so as not to cause grave fi or staying the recovery will be m he respondents shall undertake ation for the purpose of recove he directions contained herein w t of this order. o order as to interest and costs.

service on 30.11.2024, and th agraph this O.A. is partly allowe to consider the revision of th The appropriate revision will b ed occupation of the Railwa 22.05.2024 that is the period o ation at Nawada while he wa id not seek any Railwa availability at that place.Th way Accommodation during h nj is justified in view of th previous paragraph and th hemselves for the COVID-1 as subsumed during this perio will have to be made as per th red from the applicant in eas financial hardship. Interim order merged in this final order. the aforesaid reconciliation, an ry of damage rent in accordanc ithin a period of 90 days from th (Kumar Rajesh Chandra) Member (A) he ed he be ay of as ay he is he he od he sy if nd ce he

Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA