An employee's retirement benefits cannot be withheld due to family occupation of allotted quarters when the retirement process was followed.

ORDER

Per Mr. Suchitto Kumar Das, Administrative Member :

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) An Order do issue directing the respondents to perform the assurances given by themselves in the last round of litigation vide solemn order and judgment dated 22.12.2021 passed by this Hon'ble Tribunal in O.A. No. 1245/2020 and thereby act on the GD submitted by applicant before the respondents on 25.03.2022 and thereby to take immediate steps to get the Railway Quarter allotted to the applicant vacated or to consider the same as deemed vacated and thereby to release the gratuity and related amount in favour of the applicant along with interest accrued thereon at an earliest.

b) An order do issue directing the respondents not to saddle the applicant with any recovery and/or penal rent since despite the request of the applicant and assurances of the respondents themselves, the respondents failed to take the possession of the quarter of the applicant.

b) To grant all consequential benefits.

c) Costs and incidentals.

d) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

3. Facts of the case as narrated by the applicant are as follows:

Applicant worked in the post of Chief Telephone Operator and retired on attaining the age of superannuation on 29.02.2020. The applicant was allotted a Railway Quarter No. 94/F, Janis Road, Liluah, District-Howrah by the respondents during his service. Before attaining the age of superannuation, the applicant approached the Respondent No. 4 expressing his intention to vacate the said Railway Quarter on 14.05.2019. In response, an Office Order dated 07.08.2019 was issued by the Respondent No. 4 allowing the applicant to vacate his Railway Quarter requesting respondent No. 5 to keep the quarter of the applicant in safe custody till availability of a deserving candidate. After his retirement, the applicant continued with his approaches in connection with the vacation of the said railway quarter preferring further representation dated 20.07.2020 before the Respondent No. 4 intimating the status as to his superannuation from his Railway Service with effect from 29.02.2020 with a further request to treat his representation as final and thereby intimating about vacation of quarter with a prayer for issuance of quarter vacation certificate. Since the estranged wife of the applicant was staying in the said quarters without the permission of the applicant, the applicant requested the respondent authorities to get the same vacated at an early date. The applicant moved an Original Application being Ο.Α. No. 350/680/2020 which was disposed of on 09.09.2020 with a direction upon the respondents for issuance of appropriate order and for taking appropriate action within a specified time period with a further observation that the applicant be not saddled with any recovery or penal rent as, in spite of his request the authorities have failed to take possession of the quarter in question. Respondent No. 4 issued one Office Order dated 05.11.2020 asking the applicant to handover the Railway Quarter in question at Liluah with a further observation to take necessary action in failure thereof. The applicant preferred a further Original Application being O.A. No. 1245 of 2020 before this Tribunal which was disposed of vide Order and Judgment dated 22.12.2021 with the following observation: "Ld. Counsel for respondents assures that as soon as a GD is lodged with the police allegi