CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Reserved on: 25th August, 2025.

Pronounced on: 01.09.2025.

C O R A M HON’BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]

A.K. Chaturvedi Son of Sri C.S. Chaturvedi, Protocol Inspector Under the Assistant General Manager, East Central Railway Hq at Hajipur, District Vaishali (Bihar). ……. Applicant.

By Advocate: - Shri M.P. Dixit.

-Versus-

1. The Union of India Through the General Manager, East Central Railway, Hajipur, P.O. Digghi Kalan, P.S. Hajipur (Sadar), District Vaishali, PIN Code 844101 (Bihar).

2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.

Digghi Kalan, P.S. Hajipur (Sadar), District -Vaishali, PIN Code-

844101 (Bihar).

3. The Assistant General Manager (Personnel), East Central Railway Hajipur, P.O. Digghi Kalan, P.S. Hajipur (Sadar), District Vaishali, PIN Code - 844101 (Bihar).

4. The Deputy General Manager (Administration), East Central Railway, Hajipur, P.Ο. Digghi Kalan, P.S. Hajipur (Sadar), District Vaishali, PIN Code 844101 (Bihar). …….. Respondents.

By Advocate: -. Shri Rana Randhir Singh, ld. ASC.

O R D E R Per:- Kumar Rajesh Chandra, Member [A]

1. Instant OA has been filed by the applicant for the following reliefs:

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned Orders dated 31.01.2018 together with Notice dated 05.01.2018 both issued by the Respondent No.4 as contained in Annexure-A/9 & A/7 respectively. 8.2 That your Lordships may graciously be pleased to direct / command the Respondents to refund the amount, if any, recovered against the impugned Order.

8.3 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicant.”

2. The brief facts as narrated by the applicant in this OA are that he was allotted a Railway Quarter No. 103, Block-B, Type-IV on 29.12.2008 by Respondent no.1 on out of turn basis and relaxing the eligibility criteria for Digitally signed by BINAY PRASAD BINAY D TR N I : B C U = N IN A , L O , P = A "C T E N N A T B R E A N L C A H D " M , O IN U IS =G TR O A V T T I , V P E h one=

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4485bed4fb22387b16 PRASADd77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and integrity of this document allotment of Railway Quarter which was vacant due to refusal of one Shri R.K. Sinha, P.S. (Annexure-A/1).

3. That vide order dated 25.03.2009, the allotment of the said quarter of the applicant has been cancelled on the ground of ineligibility for Type-IV quarter (Annexure-A/2) though the respondents were fully aware of the circumstances that led to relaxation of the eligibility criteria for allotment of Railway Quarter which was vacant due to refusal of one Shri R.K. Sinha, P.S. Applicant received another order dated 06.05.2011 (Annexure-A/3)

regarding cancellation of his quarter.

4. Thereafter, applicant submitted a detailed representation on 18.05.2011 in this regard. Subsequently his allotment of the said quarter was regularized after he reached the grade pay of Rs. 4600/- in the month of September 2012.

5. That Respondents had issued an order dated 14.11.2011 regarding recovery of damage rent @ Rs.7531/- per month from the salary of the applicant. (Annexure-A/4).

6. Being aggrieved, applicant filed OA No. 28/2012, challenging the Orders of the Respondents treating the period from 05.06.2011 to 09.09.2012 under Un-Authorized Occupation of the said Quarter and also challenging the recovery at the rate of Rs.7,532/- per month from his salary in which this Tribunal granted stay Order on 16.01.2012 and on 26.10.2016 (Annexure-A/5) this Tribunal set aside the said Orders.

Digitally signed by BINAY PRASAD BINAY D TR N I : B C U = N IN A , L O , P = A "C T E N N A T B R E A N L C A H D " M , O IN U IS =G TR O A V T T I , V P E h one=

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