Central Administrative Tribunal - Patna
Dhirendra Kumar Singh vs Mines on 19 January, 2026
-1- OA/051/00211/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH,
CIRCUIT SITTING AT RANCHI
OA/051/00211/2023
Reserved on: 16.12.2025
Pronounced on: 19.01.2026
CORAM
HON'BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER (A)
Dhirendra Kumar Singh, aged about 62 years, son of Late Mathura Prasad
Singh, resident of Bisanpur Ashram Road, Old Krishna Niketan Lane, near
Railway Line, Ward No. 1, Post Jhumri Tilaiya, Police Station Jhumri
Tilaiya, District- Koderma.
........Applicant.
- By Advocate(s): - Mr Ravi Kumar Singh
-Versus-
1. The Director General, Directorate of Mines and Safety (in short
DGMS), Hirapur, Post and Police Station Hirapur, District- Dhanbad-
826001.
2. The Director of Mines Safety, DGMS, Hirapur, Post and Police
Station Hirapur, District- Dhanbad-826001.
3. The Deputy Director General, Mines Safety Zone, Eastern Zone,
Sitarampur Burdhwan, West Bengal.
4. The Accounts Officer (Pay & Accounts) DGMS, Hirapur, Post and
Police Station- Hirapur, District- Dhanbad-826001.
.......Respondents.
By Advocate(s) :- Shri Pravin Kumar Pandey, ASC
ORDER
Per Kumar Rajesh Chandra, A.M.:-This OA has been filed by the applicant seeking the following relief:-
Digitally signed by SURYAROOP KABISURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.20 11:26:28+05'30' Foxit PDF Reader Version: 2025.2.0
-2- OA/051/00211/2023 "(a) To quash the No Objection Certificate dated 10.06.2021 issued from the office of GDMS, Dhanbad wherein the amount of damage rent against retention of official accommodation by the applicant for unauthorized period from 30.06.1997 to 31.03.2021 has been calculated at Rs. 9,66,380/-.
(ii) To quash the letter nos. 1829 and 1831 both dated 28.03.2022 issued from the office of DGMS, Dhanbad to the Drawing and Disbursing Officer, Directorate of DGMS, Dhanbad whereby and whereunder an amount of Rs. 28,272/- and an amount of Rs. 9,55,800/- (Nine lakhs Fifty Five thousands eight hundred only) has to be sought to be deducted from the amounts of gratuity and pension respectively of the applicant.
(iii) To quash the letter no. 537 dated 27.09.2022 issued from Pay & Accounts Office, DGMS, Dhanbad to the Senior Accounts Officer (IA) Central Pension Accounting Office, New Delhi whereby and wherein the applicant was allowed medical allowance only from 16.11.2019 and not from 30.06.1997.
(iv) For issuance of a direction upon the respondents to immediately and forthwith make payments of entire amounts of unpaid retirement benefits with interest @ 12% over and above statutory interest such as :-
a) Amount towards Medical Allowance at admissible rate since 30.06.1997 till 16.11.2016.
b) Amounts of GPF accrued upto 30.06.1997.
(v) For a further direction upon the respondents to immediately and forthwith make payment of the total amount of Rs. 9,84,072/- (Nine Lakhs eighty Four Thousands and Seventy Two only) to the applicant with statutory interest.
(vi) Pass such order as Your Lordships may deem fit and proper in the facts and circumstances of the case by doing conscionable justice to the applicant."
2. The brief facts of the case, as per the applicant, are as follows:-
(i) The applicant was appointed as LDC in the Directorate General of Mines Safety (DGMS) on 18.08.1994 and his service was confirmed w.e.f.
1986. He was transferred from Koderma to Sitarampur, DGMS in the year 1984 itself.
(ii) A Criminal case bearing Tilaiya PS Case No. 165/1994 dated 18.07.1994 for offences under Section 353, 427 and 504 of IPC was lodged against the applicant in which though he was acquitted from the charges under Section 427 of IPC but convicted and sentenced to undergo R.I. for one year for offences under Section 353 and 504 of IPC Digitally signed by SURYAROOP KABI SURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-3- OA/051/00211/2023 vide judicial order dated 30.01.1996. Upon his Criminal Appeal against the order dated 30.01.1996 the said sentence was modified to the extent of executing a bond of Rs. 5000- with surety of like amount vide order dated 27.01.1998. The Criminal Revision filed by the applicant was dismissed by order dated 17.03.1998. In the meantime, the Director of Mines Safety vide letter dated 16.01.1997 proposed for termination of the applicant on the basis of conviction in criminal case.
(iii) It is contended that the applicant has submitted his explanation on 15.05.1997 but without considering the same he was retired compulsorily vide order dated 30.06.1997 (Annexure-A/4). The appeal of the applicant was rejected by the appellate authority vide order dated 20.10.1997. Thereafter, the applicant moved this Tribunal in OA No. 732 of 1999 which was dismissed vide order dated 17.12.1999. The writ petition vide WP(S) No. 1368 of 2005 preferred against the said order was also dismissed vide order dated 05.01.2006 with an observation that since the applicant had been convicted for the offence under Section 353 and 504of IPC no interference could be made with the punishment of compulsory retirement.
(iv) The applicant has further submitted that thereafter when nothing was done on his representations, he again approached this Tribunal in OA No. 12/2015 before this Tribunal which was disposed of vide order dated 04.11.2015 (Annexure-A/5) with direction to the Director General Mines and Safety (SD) to consider and dispose of the representation of the applicant. However, the respondents rejected the representation of the applicant vide order dated 23.05.2016. The applicant then kept on making representations before the respondents as well as before the Department of Personnel and Training which had recommended the case of the applicant to the respondents for review of the punishment but to no avail. The applicant again moved this Tribunal Vide OA No. 166/2018 which was also dismissed vide order dated 15.03.2019. The Writ Petition preferred against this order in WP(S) No. 4729 of 2019 was also dismissed vide order dated 02.03.2020 (Annexure-A/7). It is thus contended that in the above manner the punishment of compulsory retirement against the applicant was wholly settled.
Digitally signed by SURYAROOP KABISURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-4- OA/051/00211/2023
(v) The applicant has further stated that much before the order of compulsory retirement, i.e. 30.06.1997 the respondents had instituted a PPE Case in the Court of Estate Officer, DGMS, Dhanbad under provisions of Public Premises (Eviction of Unauthorized Occupants) Act,1971 which was disposed of vide order dated 06.09.2011 (Annexure-A/8) holding the applicant unauthorized occupant of the premises and directed the applicant to vacate the quarter. According to the applicant, perusal of the above order would reveal that there is no mention about any damage charge to be realized from the applicant. The applicant then moved in appeal against the above order dated 06.09.2011 before the Principal District Judge, Koderma which was dismissed vide order dated 02.02.2017 (Annexure-A/9) and in this order also there is no direction for realization of any damage charges from the applicant under Section 7 of the Public Premises ( Eviction of Unauthorised Occupants) Act, 1971. The applicant vacated the official premises on 31.03.2021. It is submitted that after taking every effort against the punishment of compulsory retirement and after losing the same at every stage the applicant applied for getting his retirement benefits, but to his utter surprise the respondents calculated damage rent payable by the applicant and arrived at a figure of Rs. 9,66,380/- without any order issued by the Estate Officer under provisions of said Act and then issued a certificate dated 10.06.2021 (Annexure-A/1) depicting the break-up of the calculation of the same amount to the applicant.
(vi) It is further contended by applicant that in pursuance of his representation a letter dated 15.03.2022 (Annexure-A/10) was issued to the Director (SD), Ministry of Labour and Employment, DGMS, Dhanbad to calculate the life time pension arrear bill till February, 2022. The gratuity amount was fixed at Rs. 28,782/- but the same was fully adjusted towards amount of damage rent against unauthorized retention of the official premises by the applicant as would be apparent from letter no. 1829 dated 28.03.2022 (Annexure-A/2 series). Further, vide letter no. 1831 dated 28.02.2022 (Annexure-A/2 series) an amount of Rs. 9,95,880/- was deducted towards unauthorized retention of the official premises by the applicant out of the life time pension arrear payable amount of Rs. 22,25,966/-.
Digitally signed by SURYAROOP KABISURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-5- OA/051/00211/2023
(vii) The applicant has alleged that although the respondents had calculated Rs. 9,66,380/- towards damage rent but they have deducted altogether Rs. 9,84,072/- from the amounts of pension and gratuity of the applicant which is absolutely illegal. It is submitted that there is no law for deduction of any amount from gratuity and pension of a retired employee without process of law. According to the applicant, in this case although there are orders under provisions of the Public Premises (Eviction of Unauthorized Occupants) Act,1971 but without any damage rent.
(viii) The applicant has further stated that he has been issued his Pension Payment Order (PPO) dated 18.05.2022 wherein the pension of the applicant has been fixed at Rs. 13,150/- w.e.f. 01.03.2022 (Annexure-
A/11).
(ix) The applicant has further alleged that though he is entitled for medical allowances for the period from 30.06.1997 to 16.11.2019, he was allowed medical allowance only from 16.11.2019 and not from 30.06.1997 vide letter dated 27.09.2022 (Annexure-A/3) which shows arbitrariness on the part of the respondents. The applicant has also alleged non-payment of interest on the amount of his pension and GPF Hence, the OA.
3. In their written statement the respondents have submitted as follows:-
3.1 The calculation of damage rent does not come under the purview of functions of Estate Officer.
3.2 It is submitted that the applicant was allotted Government Accommodation at Sitarampur and the arrear of License Fee @ Rs.
977/- and Water Charges @ Rs. 3/- for the period from 19.08.1994 to 31.03.1996 amounting to Rs. 18202/- was deducted from his pensionary benefits. Though the applicant retired on 30.06.1997 he Digitally signed by SURYAROOP KABI SURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-6- OA/051/00211/2023 vacated his allotted Government Accommodation at DGMS Colony, Koderma only on 31.03.2021 and accordingly damage rent of Rs.
9,66,380/- charged for the period from 01.07.1997 to 31.03.2021 was deducted at prevailing rate declared by CPWD. Thus the total deducted amount is (Rs. 966380/-+ Rs. 18202/-) for allotted accommodation in Koderma and Sitarampur respectively. It is further submitted that Rs. 28782 which was accumulated for DCRG has been deducted against retention of Government accommodation for the permissible period beyond the date of retirement. The remaining amount of Rs. 9,55,800/- was deducted from his life time pension arrear.
3.2 The respondents have further submitted as per Rule 18 of Directorate-General of Mines Safety (Allotment of Residences) Rules, 1968 and FR 45-A where after an allotment has been cancelled or is deemed to be cancelled under any of the provisions of these rules, employee to whom it was allotted or of any person claiming through him, such employee shall be liable to pay damages for use and occupation of the residence, service, furniture and garden charges, equal to the market rent as may be determined by the competent authority from time to time. The prevailing rate of Damage which was declared by CPWD, Dhanbad and copy of calculation sheet are enclosed by respondents in their written statement.Digitally signed by SURYAROOP KABI
SURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.20 11:26:28+05'30' Foxit PDF Reader Version: 2025.2.0
-7- OA/051/00211/2023 3.3 The respondents have mentioned that the applicant's medical allowance was allowed w.e.f. his application dated 16.11.2019 and not from his retirement date, i.e. 30.06.1997 as per OM dated 05.08.2019 of Ministry of Finance, Department of Expenditure wherein it is clarified that in case the retiree opts for medical allowance, the Fixed Medical Allowance (FMA) is payable from the following month after the date of superannuation and if the retiree opts later on or gives option later, then FMA is to be given from the date of application. The respondents have accordingly prayed for dismissal of OA.
4. Heard the learned counsel for the parties and perused the materials on record carefully.
5. Learned counsel for the applicant during the course of hearing placed reliance on the following decisions in support of his case:-
(i) Judgment of Hon'ble Supreme Court dated 20.04.1976 in the matter of New Delhi Municipal Committee Vs. Kalu Ram in Civil Appeal No. 988(N) of 1968.
(ii) Judgment of Hon'ble Supreme Court dated 31.03.2017 in the matter of Ram Naresh Singh Vs. Bokaro Steel Ltd. & Ors.
6. Learned counsel for the respondents mainly argued on the basis of written statement.
7. After hearing both the parties and upon careful consideration of the pleadings, documents, arguments placed on record, as well as the citations quoted by the counsels; and a thorough examination of Digitally signed by SURYAROOP KABI SURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-8- OA/051/00211/2023 the issues that arose in the Original Application, we have arrived at the following conclusion:
(a) It is admitted fact that the applicant was compulsorily retired vide order dated 30.06.1997 in view of his conviction in criminal case. Various OAs filed by the applicant were dismissed by the Tribunal by different orders and the WPs filed against the said orders of the Tribunal were also dismissed by the Hon'ble High Court. So the punishment order of compulsory retirement of applicant attained finality.
(b) With regard to the calculation of damage rent against retention of official accommodation by the applicant for unauthorized period from 26.06.1997 to 31.03.2021, we note that the same has been rightly calculated as per Rule-18 of Directorate -
General of Mines Safety (Allotment of Residences) Rules, 1968 and FR 45 A. The rate of damage rent as declared by the CPWD and the calculation sheet have been enclosed by the respondents in their written statement which have not been controverted by the applicant by way of filing any rejoinder. In fact, we observe that the order sheet of the records of this OA reveals that the counsel for applicant has submitted on 15.01.2024 that he does not need to file rejoinder in this case.
(c) The plea of learned counsel for the applicant that the order of damage rent has been passed by the incompetent authority has no legal basis since holding a person as unauthorised occupant and consequent order of eviction is one part and calculation of damage rent is another. The very first sentence of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 lays down the basic guiding principle that this is an Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters.
Once an employee of DGMS has been declared as unauthorised occupant by the estate officer, the calculation of Digitally signed by SURYAROOP KABI SURYAROOP DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
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-9- OA/051/00211/2023 damage rent will be done by the employer under relevant rules governing their organization that is Rule 18 of Directorate-General of Mines Safety (Allotment of Residences) Rules, 1968 and FR 45-A where after an allotment has been cancelled or is deemed to be cancelled under any of the provisions of these rules, employee to whom it was allotted or of any person claiming through him, such employee shall be liable to pay damages for use and occupation of the residence, service, furniture and garden charges, equal to the market rent as may be determined by the competent authority from time to time.
The applicant has never challenged that the aforesaid rule and application of Fundamental Rules are bad in law or he is outside the purview of these rules despite being an erstwhile employee of the same organization DGMS.
(d) The decisions of the Hon'ble Supreme Court placed reliance during course of hearing is clearly distinguishable and is not applicable in the instant case in the facts and circumstances of the case. In the cases cited by the applicant as mentioned above there is discussion with regard to the power of the estate officer who may, having regard to such principles of assessment of damages as may be prescribed, require the unauthorized occupant to pay damages. It does not declare any of Fundamental Rules (here FR 45- A) or other rules framed by different government organizations (here DGMS Rules) as bad in law. Hence, we are of the opinion that these two citations quoted by the counsel for applicant does not render any help to him in the instant OA.
8. In view of above observation and finding, we find that this OA is completely misconceived and devoid of any merit. Accordingly, the OA is dismissed. No order as to costs.
(Kumar Rajesh Chandra) (Justice Narendra Kumar Johari)
Member (A) Member(J)
Srk.
Digitally signed by SURYAROOP KABI
SURYAROOP
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU= govt, Phone= 4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER= 20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI KABI Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.20 11:26:28+05'30' Foxit PDF Reader Version: 2025.2.0