Central Administrative Tribunal - Patna
Raj Ballav Sharma vs Railway on 2 April, 2026
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O.A. No. 050/00906/2024
906/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00906
906/2024
Reserved on: -12.03.2026
Pronounced on ::- 02.04.2026
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
Raj Ballav Sharma, aged about 62 years, (Male), son of Late Shital Sharma,
resident of village+ post-
post Basudeopur Chandel, P.S. Mahnar, District Vaishali,
Bihar-844501.
844501. (Superannuated as Office Superintendent, ACMS Office, Garhara,
Barauni)
Barauni).
Patna ..........Applicant
Bench
Versus
POOJA Digitally signed
by POOJA 1. Union of India through Secretary, Deptt. Of Railways New Delhi-110001.
KUMARI KUMARI
2. The General Manager, East Central Railways, Hajipur, Bihar
Bihar-844101.
3. Divisional Rail Manager (Personnel), East Central Railways, Sonpur
Sonpur-841101.
4. The Chief Medical Director, East Central Railways, Hajipur
Hajipur-844101.
5. The Chief Medical Superintendent, Divisional Central Railways, East Central
Railways, Sonpur-841101.
Sonpur
6. The Asst. Chief Medical Officer, ECR, Hajipur
Hajipur-844101.
........Respondents
For Applicant:-
Applicant: Mr.Yashraj
Yashraj Bardhan
Bardhan, Advocate
For Respondents:-
Respondents: Mr. R.R. Singh
Singh, ld. ASC
ORDER
Per: Mr. Kumar Rajesh Chandra, Member (A):
1. The instant instant OA has been filed by the applicant seeking the following relief:
relief:-
i. Setting aside the Letter of the Chief Medical Superintendent, East Central Railways, Sonpur, Saran contained in Letter No. H/231/1/Residence Allotment/1351, dt. 20 20-03-2024 2024 whereby the deduction of Rs. 1,11,098/ 098/- from superannuation benefits of applicant, ii. Direction to refundd the deducted amount of Rs. 1, 1,11,098/-from from superannuation nnuation benefits of applicant applicant.2
O.A. No. 050/00906/2024 906/2024
2. The brief facts of the case, as per the instant O.A., are that the he applicant had been appointed in the Indian Railways on the post of Hospital Attendant in physical disabled quota on dt. 221.03.1991 .03.1991 and was firstly posted at Railways Hospital Sonpur. (A photocopy of letter of appointment of applicant is annexed and marked as Annexure A A-1).
3. The applicant was transferred from Divisional Railways Hospital, Sonpur to Sub-Divisional Sub Divisional Hospital, Garhara on dt. 01.09.2018 when he was promoted to the post of Office Superin Superintendent. (A photocopy of order dated 01.09.2018 is annexed and marked as Annexure A A-2).
Patna Bench
4. The applicant submitted an application dt.01.01.2019 to the Chief POOJA Digitally signed by POOJA KUMARI KUMARI Medical Superintendent, East Central Railways, Sonpur with a req request uest that the Rail Quarter No. 265/M so allotted to him at Sonpur may be allowed to be be retained for further 6 months, in light of his medical condition where he has to visit visit the Doctors at Hajipur and Patna regularly. No communication was made about accep acceptance tance or rejection.
(A photocopy of application dated 01.01.2019 is annexed and marked as Annexure A-3).
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5. The applicant applicant continued in possession of the quarter till 31.10.2020 and then he surrendered the same to authorities. The applicant pplicant had given an application dt. 22.10.2022 to the Chief Medical Superintendent, ECR, application Sonpur to the effect that he had utilized the RailwaysQuarter No. 265 (M) 1 at Sonpur from dt. 01.09.2018 till dt. 31.10.2020 and thereafter, he vacated the same, and therefore, on deduction of appropriate amount towards rent, he should be paid his superannuation benefits. (A photocopy of application dated 22.10.2022 is annexed and marked as Annexure A-4).
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6. The applicant applicant superannuated from his service with effect from dt.
31.10.2022 from sub-divisional divisional Hospital, Garhara. The he Assistant Personnel Officer, ECR, Sonpur issued petitioner's PPO No. 20227300300280, dt. 01.11.2022 whereby details of sanctioned superannuation benefits were provided provided. (A photocopy of PPO dated 01.11.2022 is annexed and nd marked as Annexure A A-5).
7. The he applicant preferred an application dt. 12.02.2024 before the Chief Medical Superintendent, ECR, Sonpur protesting the said deduction towards damage rent for an amount of Rs. 1,11,099/ 1,11,099/-. (A photocopy of Patna Bench application dated 12.02.2024 is annexed and marked as Annexure A A-6).
POOJA Digitally signed by POOJA KUMARI KUMARI 8. The he CMS, ECR, Sonpur did not consider applicant's application and communicated vide Letter No. H/231/1/ H/231/1/Quarter Allotment/1351, dt.
20.03.2024 that the quarter was retained by him from dt. 01.09.2018 ti till ll dt. 31.10.2020 for about 26 months withou withoutt any administrative permission (A photocopy of letter dated 20.03.2024 is annexed and permission.
marked as Annexure A-7).
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9. Ld. Counsel for the applicant has taken the following grounds:
i.. The he applicant had been in legal posses possession sion of the Rail Quarter and therefore, no penal rent or damages would have been deductible from his superannuation benefits.
ii.. The applicant had informed to the concerned officials and given application to grant permission on dt. 01-01-2019 2019 itself and he was never communicated about its rejection at level of CMS, ECR, Sonpur and was all of a sudden, shown deduction in PPO and now through impugned communication has been informed that his application was rejected as not being sent through ough proper channel.
iii.. The applicant had to retain the quarter for medical purposes and in light of facts of the case, as well as the spread of Covid Covid-19 19 pandemic during the said period causing complete lock down, the CMS, ECR, Sonpur should have considereddered and not deducted such a substantial amountnt from superannuation benefits.4
O.A. No. 050/00906/2024 906/2024 iv.. The applicant's application to CMS, ECR, Sonpur dt. 2222-10-2022 2022 was not consent to deduct damage rent, but it was meant for normal rent and charges from his superannuation benefi benefits which now is being referred to as consent nsent to deduct the damage rent.
v.. The he Circular of Government of India, Ministry of Railways vide Circular No. RBE No. 89/2020 No. E (G) 2020 RN 22- COVID 19, dt. 20-10-2020 2020 whereby permission was accorded to retain quarter till 30-- 10-2020 2020 due to complete lock down conditions, has not been taken into consideration.
vi.. The he action of deducting damage rent is quite illegal. unreasonable, capricious and arbitrary in the facts and circumstances of the case.
vii.. The impugned action ion is otherwise bad in law and is fit to be set aside.
10. Mr. R.R. Singh,, ld. ASC appeared on behalf of respondents has filed Patna Bench the Written statement in which it is submitted that the application was POOJA Digitally by POOJA signed submitted by the applicant without its getting forwarded through proper KUMARI KUMARI channel. Therefore, it was returned through the Sub Divisional Hospital/Gadhara's messenger, Md. Salim Ansari safaiwala /Gadhara vide letter dated 01.01.2019.
01.01.2019 (A A photo copy of the letter dated 01.01.2019 is annexed and marked as Annexur Annexure-R/1 to this written statement).
11. It is further submitted that the applicant had kept the residential accommodation and has been in possession from 01.09.2018 to 31.10.2020 and the same was vacated on 331.10.2022 31.10.2020 1.10.2022 and the applicant stated in his application that his retirement benefit after deduction of penal rent from 01.09.2018 to 31.10.2020 be paid to him.
him.The The respondents have, accordingly, prayed for dismissal of the O.A.
12. Ld. counsel for applicant has filed the rejoinder in which it is submitted that the Circular of the Government as dt. 20 20-10-2020 2020 was issued in public interest at the time of Corona Pandemic and that the applicant was transferred from Sonpur with effect from dt. 01 01-09-2018, 2018, he had 5 O.A. No. 050/00906/2024 906/2024 represented before the authority for allowing him to re retain tain the quarter and he was not communicated rejection of the said representation. (A copy of the Circular dt. 20-10-2020 20 2020 of the Government of India is annexed hereto as Annexure 'P/08' in conti continuation nuation of the main application application).
13. After hearing the learned counsel counsel for the parties and perusal of the material available before this tribunal, I have considered red the matter in its entirety and arrived at following conclusions:
i. It is an admitted fact by the applicant himself that he was allotted Patna Bench a railway quarter at Sonpur and, upon his transfer to Garhara on POOJA Digitally signed by POOJA KUMARI KUMARI 01.09.2018, he continued to retain the said accommodation.
ii. As per the applicable rules governing retention of railway accommodation, an employee employeetransferred transferred from one station to another is permitted to retain the quarter for a limited permissible period, subject to approval of the competent authority. Beyond such permissible period, retention becomes unauthorized unless specific permission is granted.
iii. The applicant has relied upon his application dated 01.01.2019 seeking permission for retention of the quarter. However, the respondents have placed on record that the said application was not forwarded through proper channel and was returned. There is no material on record to establi establish any permission or even grant of temporary approval till consideration of his request by the competent authority. This establishes the fact that continued occupation of the Government accommodation by the applicant beyond permissible limit was an unathor unathorised ised occupation of the 6 O.A. No. 050/00906/2024 906/2024 said quarter.In In absence of any valid permission, the continued occupation of the railway quarter by the applicant from 01.09.2018 to 31.10.2020 is to be treated as unauthorized retention under the rules.
iv. The contention of the applicant that he retained the quarter due to medical reasons and the COVID COVID-19 19 pandemic has been considered and found to be incorrect in view of the fact that the lockdown after the COVID-19 19 breakout started from March 2020.The "19" in COVID-19 19 refers to tthe he year 2019, specifically Patna Bench the year the virus and the disease it causes were first identified. POOJA Digitally signed by POOJA KUMARI KUMARI The name stands for Corona VIrus Disease of 2019 w whereas hereas the unauthorized occupation of the quarter started from 01.09.2018 well before COVID-19 19 breakout breakout. The general circular issued in 2020 regarding COVID-19 19 does not automatically regularize all unauthorized occupations.
v. Further, from the records, it appears that the applicant himself, in his application dated 22.10.2022, had requested for settlement of his dues after deduction of rent for the period of occupation.
vi. The deduction of Rs. 1,11,098/ 1,11,098/- from the retiral benefits has been made towards damage rent for unauthorized occupation, which is in consonance with the applicable rules and regulations. No procedural illegality or arbitrariness has been established in the action of the respondents.
vii. In view of the above, this Tribunal does not find any merit in the claim of the applicant for setting aside the impugned letter or for 7 O.A. No. 050/00906/2024 906/2024 refund of the deducted amount amount. Therefore, ore, this Tribunal finds no reason to interfere with the order of the respondents.
viii. Accordingly, the Original Application is dismissed as devoid of merit.. No order as to costs.
(Kumar Rajesh Chandra) Member (A) pk/--
Patna Bench POOJA Digitally by POOJA signed KUMARI KUMARI