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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Suresh Prasad Rajak – Appellant
Versus
Union of India through Divisional Railway Manager, East Central Railway – Respondent
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. 20th 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
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 Gratu....
Law prohibits benefits from unauthorized actions; withholding gratuity for valid government dues is lawful.
Eviction can be lawfully executed under public premises legislation when occupancy after a specified period lapses, regardless of retention requests from a former government employee, allowing for re....
A former employee's unauthorized retention of government quarters beyond the permissible period constitutes unlawful occupation, justifying eviction and recovery of related charges from pension benef....
The court determined that gratuity can be withheld if an ex-employee fails to vacate company accommodation, constituting a breach of internal policies.
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