Back
2025 Supreme(Online)(CAT) 2496
CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, A.M., Rajveer Singh Verma, J
Narsingh Narain Singh – Appellant
Versus
Deptt Of Posts – Respondent
O.A./746/2023
Applicant-in-person, Shri H.R. Singh, ASC
The recovery of damage rent from pension for unauthorized occupation of government accommodation is lawful under CCS (Pension) Rules, 1972.
Headnote:(A) Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - CCS (Pension) Rules, 1972 - Recovery of damage rent from pension - Applicant, a retired Sports Coach, challenged recovery of Rs. 9,97,219/- for unauthorized occupation of government quarter post-retirement - Court found no procedural irregularity in recovery process as per CCS (Pension) Rules. (Paras 2, 8, 11)
(B) Authority of Estate Officer - Recovery of dues related to government accommodation must follow due process, and the Estate Officer has the authority to issue eviction notices and recover dues. (Paras 8, 11)
Facts of the case:
The applicant retained a government quarter beyond the permissible period after retirement, leading to recovery of damage rent from his pension.
Findings of Court:
The Tribunal dismissed the OA, affirming the legality of the recovery order issued under CCS (Pension) Rules.
Issues: Whether the recovery of damage rent was lawful and whether the applicant was entitled to relief.
Ratio Decidendi: The court held that the applicant's unauthorized occupation justified the recovery of dues, and the process followed was in accordance with the law.
Result: OA dismissed.
CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA With MA/050/00671/2023 Reserved on : 27.02.2025 Pronounced on: 21.03.2025 C O R A M HON’BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER HON’BLE MR. RAJVEER SINGH VERMA, JUDICIAL MEMBER Narsingh Narain Singh, aged about 72 years, S/o Late Abhimanyu Singh, Sports Coach (Rtd.) O/o Chief PMG Bihar, Patna, Resident of B-110, Buddha Colony, Patna- 800001.
……. Applicant - By Advocate(s): Applicant-in-person.
-VERSUS-
1. Union of India through the Secretary, Department of Posts, DakBhawan, New Delhi-110001.
2. The Chief Postmaster General, Bihar, Patna-800001.
3. The General Manager (Finance), Postal Accounts, GPO Campus, Patna-
800001.
4. The Estate Officer cum Sr. Supdt. Posts, Patna Div., Patna- 800004.
5. The Chief Postmaster, Patna GPO, Patna- 800001.
6. The Asstt. Director (Building) O/o Chief PMG Bihar, Patna- 800001.
……Respondents By Advocate(s):- Shri H.R. Singh, ASC O R D E R Per Kumar Rajesh Chandra, A.M. :- Instant OA has been filed by tthhee aapppplliiccaanntt sseeeekkiinngg tthhee ffoolllloowwiinngg rreelliieeff::-
“(a) That your Lordship may graciously be pleased to allow this OA.
(b) Your Lordship may graciously be pleased to quash and set asidethe order of respondent No. 6 dated 02.09.2013 (A/7).
(c) That your Lordships be pleased to issue direction to respondent authorities to refund the recovered amount of Rs. 9,97,219 (Nine Lakh Ninety seven thousand two hundred nineteen) with 18% interest on that amount for causing unnecessary mental agony, torture and harassing the applicant after retirement ruthlessly.
(d) Your Lordships may further be pleased to issue directions to respondents to grant consequential benefits and impose cost to respondent for causing unnecessary hardship to the applicant.
(e) Any other order/orders as your Lordship- may deem fit and proper in the interest of justice.”
2. Brief facts of the case, as per the applicant, are that applicant, a Sports Coach, was allotted quarter in P&T Colony, Kidwaipuri on his request to facilitate him in imparting training to players at Patna. He retained the said quarter till his retirement on superannuation on 31.07.2011. After his retirement, the applicant was granted permission to retain the said quarter till 31.03.2012 vide letter dated 16.09.2011 (Annexure A/3) on his representation dated 12.09.2011 (Annexure A/2) after deposit of Special License Fee. He retained the said quarter further after payment of Special License Fee of Rs. 4305/- on 16.04.2012 (Annexure A/4) as per direction of respondents dated 16.05.2011. Applicant has enclosed a copy of note sheet dated 1155..0055..22001122 ((AAnnnneexxuurree AA//55)) wwhhiicchh hhee hhaass oobbttaaiinneedd uunnddeerr RRTTII AAcctt 22000055 aass aa pprrooooff tthhaatt hhee hhaadd ddeeppoossiitteedd RRss.. 55333300//- for retention of quarter upto 31.03.2012. It is contended by applicant that he has already deposited Special License Fee for further period upto September, 2013 which is evident from recovery of damage rent w.e.f. 01.10.2013 (Annexure A/1) supplied by the respondents under RTI Act. It is alleged by applicant that permission for retention of said quarter upto September, 2013 was given by Chief PMG office. Despite this, eviction notice was issued to the applicant by Estate Officer vide letter dated 18.05.2012 (Annexure A/6) much prior to due date of vacation i.e. 01.10.2013 and as such, according to the applicant, there was no co-ordination between O/o Estate Officer and O/o Chief PMG, Bihar. According to the applicant, recovery of damage rent from the pension of the applicant vide order dated 02.09.2013 (Annexure A/7) was issued without following the due procedure , i.e. without order of Estate Officer violating Section 7 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The above order of recovery of damage rent was issued without any show cause notice or opportunity to deposit money, if any dues against the applicant as unauthorized occupant o
