GIRDHARI VILAS BANKAR vs SOUTH EAST CENTRAL RAILWAY on 29 October 2026

1. Shri Girdhari S/o Vikas Bankar Aged about 31 years, working as a A.L.P. in South East Central Railway, Nagpur Division, R/o, C/o Vijay Kushwah, Plot No. 61/62, Anmol Nagar, Wathoda Layout, Nagpur-440017.

2. Sadanand S/o Bhiwaji Wase Aged about 50 years, working as a Sr. A.L.P. in South East Central Railway, Nagpur Division, R/o, C/o Asha Nanwatkar Plot No.15, Bandu Noni Layout, Nagpur-440017.

3. Kaushal Kumar S/o Mahendra Prasad Singh Aged About 38 years, Working as a L.P.G. in South East Central Railway, Nagpur Division, R/o C/o Varsha Waman Kotamkar, 202, Vandana Villa Apt., Faras, Koradi Road, Nagpur-440030.

4. Ashish S/o Shalikram Sahare Aged about 40 years, Working as a L.P.G. in South East Central Railway, Nagpur Division, R/o C/o Sumed Gourkhede, Near Bhim Jyoti Budhha Vihar, Barse Nagar, Pachpauli, Nagpur-440017.

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5. Rakesh C Rajak Aged about 41 years, Working as a L.P.G. in South East Central Railway, Nagpur Division, R/o, C/o Ramprasad Karosia, Plot No.19, Sai Nagari, Near Olympiad Public School, Ranala, Kampti, Nagpur-440026.

6. Nishant S/o Durgesh Patil Aged about 44 years, Working as a L.P.G. in South East Central Railway, Nagpur Division R/o C/o Pravin Mukesh Lokhande, Near Gaddigodam Police Station, Gautam Nagar, Nagpur-440013. -Applicants (By Advocate: D. S. Kanwale)

Versus

1. Union of India, Through The General Manager, S.E.C.R., Bilaspur (C.G.)-495004.

2. Divisional Railway Manager, S.E.C.R., Nagpur Division, Kingsway, Nagpur-440001.

3. Sr. Divisional Personnel Officer, S.E.C.R., Divisional Office, Personnel Department, Kingsway, Nagpur-440001.

4. Sr. Divisional Electrical Engineer (OP) 4th Floor, DRM Office, S.E.C.R. Kingsway, Nagpur-440001.

5. Sr. Divisional Engineer (South) S.E.C.R., Nagpur Division, Kingsway, Nagpur-440001.

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- Respondents (By Advocate: Shri S. R. Charpe)

ORDER (oral) Per: Justice M.G. Sewlikar, Member (J)

This is an application seeking directions to the respondents to pay House Rent Allowance (HRA) to the applicants.

2. Facts leading to this application are that the applicants were transferred to Nagpur in the year 2021. They made application to the Railway Authorities for getting quarters. However, they were not provided with the quarters. They were intimated by the respondents by the communication dated 13th September, 2021 to the effect that the quarters are not available and that General Pool type quarters are available.

2.1 The applicants thereafter made representation for drawal of HRA in the year 2021. But, they were not provided with the quarters nor they were paid HRA. Therefore, the applicants have filed this application.

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3. The respondents contend that the applicants ought to have applied for quarters in General Pool, which are still vacant. Since they did not make any application, the applicants are not entitled to any HRA.

4. I have heard learned counsel for the applicant and learned counsel for the respondents.

5. Learned counsel for the applicant submits that the applicants had made application for HRA, as per rules. The respondents did not communicate to the applicants that they should apply for General Pool quarters. They would be entitled to HRA only after they do not get the quarters from General Pool despite making the application. He submits that in the rules, there is only a provision for making application for Railway quarters and, therefore, the respondents were not right in rejecting the application on the ground that quarters in General Pool were available.

6. Learned counsel for the respondents submits that when General Pool quarters were available, the applicants have to make application for General Pool quarters and they will be entitled to HRA only when they by C SADISH KUMAR Date:

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are not allotted quarters from General Pool also. Since the quarters were available, the applicants ought to have made application and got the HRA, as per rules.

7. I have given serious consideration to the submissions made by learned counsel for the respective parties.

8. The respondents have devised the procedure for allotment of quarters. The applicants are Assistant Loco Pilots. They are entitled to Type-2 quarters. It means, they are entitled to quarters in format-A.

9. As per procedure devised by the Railways themselves vide Annexure-A.5, it appears that it is the duty of the Railways to certify which type of quarter is available for the employee. Annexure-A/5 is joint procedure order on allotment of railway quarters and drawal of HRA. This procedure states that as far as possible, no railway quarters shall remain unoccupied. The SE (works) of the concerned area should send a written position of quarter lying vacant at the end of every month to the AEN and AEN to the concerned DEN at the division. This should also be by C SADISH KUMAR Date:

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endorsed to the pool holder/Accounts department. This procedure is divided into 5 sections. Section-1 pertains to entitlement of railway quarter, by which undisputedly, applicants are entitled to Type-2, Section-2 is regarding quarter committees, Section-3 pertains to quarter by pool holder, Section-4 pertains to allotment of quarters against general pool. Section-5 deals with drawal of HRA and Section-6 deals with General.

10. Section-5.1 of this procedure states that every employee on his initial appointment/transfer to a new place/necessity of railway accommodation should apply for railway accommodation with proper date of application to his immediate supervisor. Section-5.2 prescribes two formats, i.e. format ‘A’ and format ‘B’. Section-5.3 states that it will be applicable to newly recruits, newly posted after transfer and that no railway quarter as per employee’s eligibility is lying vacant.

11. Section 5.4 is relevant for our purpose and, therefore, it is reproduced in verbatim:- “Such employees have to compulsorily submit application to quarter allotment by C SADISH KUMAR Date:

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authority ie. Pool In-charge for allotment of quarter. The application will be forwarded by respective Sr. Subordinate with all the columns filled in Part-II of Format-A for onward submission to the respective AENs for certification regarding availability of entitled type of quarter in general Pool. Once this is certified, the concerned Sr. Supervisor should submit the applications to Personnel Branch as indicated in the enclosed working procedure order duly following the stipulated schedule.“

12. From the aforesaid Section-5.4, it could be seen that it is the responsibility of the Railways to determine to which type of quarter the Railway employee is entitled to. It states that the employees have to compulsorily submit application to Quarter Allotment Authority i.e. Pool In- charge for allotment of quarter. The application has to be forwarded by respective Sr. Subordinate with all the columns filled in Part-II of Format-A for onward submission to the respective AENs for certification regarding availability of entitled type of quarter in general Pool. Once this is certified, the concerned Sr. Supervisor should submit the applications to Personnel Branch as indicated in the enclosed working procedure order duly following the stipulated schedule.

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13. This clearly indicates that it is the responsibility of the Sr. Subordinate to forward the application of the employee to the relevant quarter committee. The working procedure states that initial scrutiny shall be made by Sr. Supervisor and shall be forwarded to concerned AEN within two working days. Thereafter, AEN office will check the availability in the pool of the available as well as general pool and certify. Thereafter, the Sr. Supervisor shall forward the application to Personnel Branch within 9 working days. The application shall be scrutinized for determining eligibility for HRA and should be put up to concerned Personnel Officer for sanction. After receipt of sanction, the same should be included in the salary bill and sent to Accounts for passing and including in salary bill. Same procedure is outlined for working procedure order for drawal of HRA to staff of Nagpur division.

14. This procedure clearly stipulates that it is for the Railways to determine whether the applicant is entitled to a railway quarter or a general pool quarter. Therefore, the respondents are not right when they say that the applicants ought to have applied for quarter for general by C SADISH KUMAR Date:

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pool. In these circumstances, admittedly, the applicants are not allotted any quarter either in regular quarter or in general pool. The applicants are, therefore, entitled to HRA.

15. Learned counsel for the respondents, Shri Charpe vehemently submits that the application is barred by limitation as the applicants were informed in the year 2021 about their disentitlement for HRA. They should have applied within one year from the rejection.

16. I do not find that the submission is correct having regard to the procedure outlined hereinabove. The respondents ought to have included in the salary bill the amount of HRA, the moment It was found that they cannot be allotted quarters. Their inaction cannot lead to deprivation of the legitimate dues in the form or HRA. In these circumstances, the applicants are entitled to HRA from the date of making the application.

16. Learned counsel for the respondents, Shri Charpe submits that the respondents be permitted to follow the above procedure or the extant procedure and to decide whether any general pool quarter is available and, if it is by C SADISH KUMAR Date:

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available, whether they are entitled to HRA. It is for the respondents to take a call in that regard. In this view of the matter, following order is passed:-

(i) Application is allowed.

(ii) Respondents shall pay HRA from the date of application till today.

(iii) Pending MAs, if any, stand disposed of. No order as to costs.

(Justice M. G. Sewlikar) Member (J)

A* Digitally signed by C SADISH KUMAR Date:

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