O R D E R

In the instant O.A., the applicant has sought for the following reliefs:- “8. a) An order directing the respondents to set aside the order dated 10-04-2019 (A-3), order dated 31-01-2020 (A-5), order dated 13-07-2020 (A-6), order dated 13-10-2020 (A-8)and minutes dated 21-02-2022 (A-12) and thereafter further directing the respondents to refund the recover money with interest;

b) Any other order or further orders as the Hon’ble Tribunal may deem fit and proper.”

2. During the course of hearing Learned Counsel for the applicant has submitted the facts of the case as under:-

(a) The applicant while working under the respondents as Senior Section Engineer/Workshop/Tindharia applied to the authority for allotment of a railway quarter and accordingly he was allotted Quarter No.149/B Type- II(Elect) at New Colony, Siliguri (SGUJ in short) on out of turn basis by ADRM/KIR at NJP vide Office Order dated 28.07.2014(Annexure A/1) as there was no Type-II quarter under ADME/TDH at that time. Thereafter another office order dated 04.08.2014 (Annexure A/2) was issued by Assistant Divisional Mechanical Engineer, North Frontier Railway, Tindharia to the applicant whereby it has been stated that Quarter No.149/B Type-II (Elect) at New Colony/SGUJ was allotted to him on out of turn basis on medical ground as per ADRM/KIR, NJP’s order dated 28.07.2014 and the said allotment order meant only for bonafide use and could not be used for any other purpose other than residence and any violation to that would result in cancellation of the allotment and initiation of disciplinary action against him. (b) Learned counsel for the applicant has averred that the applicant along with two other employees were informed vide letter dated 10.04.2019 (Annexure A/3) that Audit, New Jalpaiguri(NJP) raised objection regarding allotment of railway quarters at SGUJ area under medical ground to the employees who were not posted at Siliguri, therefore, the quarters be vacated without further delay, otherwise damage rent would be deducted from their salary. The applicant made an appeal for retention of the said quarter. In reply, the Assistant Divisional Mechanical Engineer, N.F. Railway, Tindharia intimated him vide letter dated 31.01.2020 (Annexure A/5) that retention of railway quarter beyond eight months was not permissible and, therefore, damage rent would be deducted from March/2020 from his monthly salary bill. Another letter was issued to the applicant on 13.07.2020 (Annexure A/6) stating that damage rent of 71 months 03 days for the period from 28.07.2014 to 30.06.2020 has been assessed to Rs.4,00,461/- and the same amount and also the penal rent would be recovered from the applicant from his salary bill of July, 2020 to till the quarter was vacated. The applicant made a representation dated 05.10.2020 to the Respondent No.6 stating that he was facing financial hardship as penal rent of Rs.11124/- was deducted from his salary of September, 2020, therefore, deduction of penal rent from his monthly salary be stopped for the time being otherwise it would be very difficult to manage the expenditure. When the said representation was rejected, he made an appeal to the ADRM/NJP, N.F.

Railway vide appeal dated 12.11.2020 requesting him to stop the recovery of damage rent, but his request was not considered.

(c ) Learned counsel for the applicant has submitted that after the applicant vacated the said quarter, the Respondent No.6 in this O.A. issued a letter dated 18/19.02.2021 whereby it was stated that since Sri Sitangshu Biswas, SSE/WS/TDH vacated the railway quarter on and from 09.02.2021, deduction of quarter rent from his salary be stopped. Thereafter the applicant sent a reminder on 01.03.2021 requesting for stoppage of recovery of damage rent from him but no reply was given to him.

(d) Learned counsel for the applicant has submitted that the applicant informed the authority through his representation that his son was studying in Class-III only and was in the m