JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The Union of India and the South-Eastern Railway Authorities have preferred the instant writ petition against a judgment and order dated July 29, 2019 passed by the Central Administrative Tribunal, Kolkata Bench in Original Application No.350 of 1117 by 2016. Learned counsel for the appellants argues that the Tribunal acted palpably in violation of law in directing the appellants-Authorities to refund the amount of the gratuity of the respondent, deducted in lieu of damages and rent, with interest at the rate of eight per cent per annum.

2. By placing reliance on Rule 16(8) of the Railway Services (Pension) Rules, 1993, learned counsel submits that, in case the Railway accommodation is not vacated even after the permissible period of retention after superannuation, etc., the Railway Administration shall have the right to withhold, recover or adjust from the Death-Cum-Retirement Gratuity (DCRG), the normal rent and other amounts as may be due from the ex-Railway employee and return only the balance, if any, on vacation of the Railway accommodation. Clause (e) of sub-Rule (8) also provides that dispute, if any, regarding recovery of damages or