In Balwant Rai v. Union of India. (AIR 1968 All 14), the expression "fails to resume duty" within the meaning of Rule 731 (1). Note 3 of the Railway Establishment Code came up for consideration by this Court and a learned Single Judge of this Court interpreted the expression as follows:--
9. The amount of Rs. 89.75 P. representing the decretal amount in the earlier suit is arrears of rent within the meaning of Section 3 (1) (a) of the Act is now well settled by the authorities of this Court. A reference may be made, in this connection, to Behari Lal v. Babu Ram, (1964 All LJ 458) and Chhotey Lal v. L. Chhaki Lal. (1952 All LJ 701) = (AIR 1953 All 113).