Recovery of damage rent for unauthorized railway quarter retention permissible from retirement gratuity under Rule 15(2) of Railway Services (Pension) Rules, 1993 as government dues; Payment of Gratuity Act inapplicable.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant writ petition under Article 226 of the Constitution of India is directed against the order dated 15.10.2024 passed in O.A. No.051/00698/2022 by the learned Central Administrative Tribunal, Circuit Bench, Ranchi whereby and whereunder, the learned Tribunal has dismissed the said original application by passing the following order:

“21. From the above factual analysis in the light of relevant rule, enunciated in the Railway Services (Pension) Rules 1993, Railway Master Circular No. 49 and 0M dt. 20^th October, 2023 issued by the D/o Pension & Pensioners' welfare, we do not find any infirmity in the letter no. TT/48/MISC/22, dt. 24.02.2022 of the competent authority for deduction of damage rent against unauthorized retention of occupied railway quarter no. 53 CD for the period from 15.12.2017 to 03.12.20211. and in the order dt. 25.03.2022 issued by the Sr. Divisional Engineer (Estate), ECR Dhanbad for deduction of damage rent Rs.11,19,544/- in favour of applicant and communicated to Sr. Divisional Personnel Officer, Dhanbad for deduction of the same, (Annexure-A/2) and Rs. 11,19,544/- has been deducted/ recovered vide his order dt. 25.03.2022 from his retirement gratuity.”

2. The brief facts of the case as per the pleading made in the writ petition having been enumerated as per the pleading which is available in the original application needs to be referred here which is as under:

The applicant, petitioner herein, joined on 07.02.1986 under the E.C. Railway, Dhanbad to the post of Assistant Station Manager and superannuated on 31.01.2022 from the post of Station Manager, Hirodih Railway Sation.

Case of the applicant is that after retirement all retiral dues were paid to him but an amount of Rs.11,19,544/- has been deducted/recovered on account of unauthorized retention of railway quarter for the period 15.12.2017 to 03.12.2021 from the amount of retirement gratuity vide order dated 24.02.2022 issued by respondent no.3 and letter dated 25.03.2022 issued by respondent no.6 wherein details of recovery amount has been shown.

The case of the applicant as per the original application is that while he was posted at Sindri BH, a railway quarter at Station Road, Rangatand, Railway Quarters Colony, Dhanbad vide letter dated 15.06.2014 was allotted to him. It is stated that the applicant was transferred from Sindri BH to HRE (Hirodih) on 18.10.2017 and relieved on 15.12.2017.

The petitioner/applicant retained abandoned railway quarter at Rangatand, Dhanbad till 03.12.2021 and during that period normal quarter rent, electricity charges, water charges have been deducted from the salary of the applicant.

After retirement without any show cause notice, the amount of Rs.11,19,544/- has been recovered/deducted from gratuity amount of the applicant against damage panel rent.

It is also stated that the Station Manager, Hirodih has issued a certificate dated 22.08.2022 stating that the applicant was not provided any railway accommodation at Hirodih Station during his posting. Applicant has submitted representations dated 31.01.2022 & 31.03.20