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RAJES KUMAR, ANJANI KUMAR MISHRA
UNION OF INDIA – Appellant
Versus
CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD – Respondent
Key Points: - The Tribunal’s order directing rent/damages @ Rs. 200 per month was set aside; penal rent liability fixed at Rs. 1,08,759.07 instead (!) (!) - Penal rent cannot be adjusted against post-retiral dues, including gratuity; gratuity must be paid separately (!) (!) - Gratuity and pension are not bounties but rights; delay in settlement warrants interest, not set-off against gratuity (!) (!) - Rule 15 (Railway Services (Pension) Rules, 1993) allows deduction of dues from gratuity only for dues as of retirement; post-retiral accrual (like penal interest after retirement) is not covered (!) (!) - The respondent is liable to pay penal rent within three months; gratuity of Rs. 36,855 cannot be adjusted with penal rent and must be paid with interest from retirement (!) (!)
Hon’ble Rajes Kumar, J.—Heard Sri A.K. Gaur, learned counsel for the petitioners and Sri S.S. Sharma, learned counsel appearing on behalf of respondent No. 2.
2. By means of the present writ petition, the petitioners have challenged the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 3.11.2008 passed in Original Application No. 365 of 2003, filed by the respondent No. 2, whereby the original application has been allowed.
3. The brief facts of the case are that respondent No. 2, who was a Railway employee, retired on 31.10.1994, while he was posted at Mirzapur. He was provided Railway accommodation No. 83-B, Type-II, Railway Colony, Mirzapur. It appears that after the retirement, he had been allowed to retain the house upto 29.2.1995. No further permission was granted to retain the said house after 1st March, 1995. Admittedly, the respondent No. 2 had vacated the premises on 15.2.2000. The respondent was required to pay the penal rent for the period 1.3.1995 to 15.2.2000 for which it appears that notices had been given to which the respondent No. 2 filed reply and finally by the order dated 8.1.2000, penal rent at Rs. 1,08,759.07 p. has been ca
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