CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

Reserved on…05.02.2026 Pronounced on ……26.02.2026 Satyendra Kumar S/o Sri Binda Prasad Sharma, Sorting Assistant, Railway Mail Service, Muzaffarpur, Resident of P-

II/01, Type II Quarter No.1, Postal Colony, Muzaffarpur (Bihar)

……..Applicant.

- By Advocate(s) :- Shri M.P. Dixit -Versus-

1. The Union of India through the Secretary, Ministry of Communication, Department of Post. Government of India, Sanchar Bhawan, New Delhi-110001.

2. The Chief Post Master General, Bihar Circlem Patna-800001 (Bihar).

3. The Post Master General, Northern Region, Muzaffarpur-

842001 (Bihar).

4. The Director Postal Services, Northern Region Muzaffarpur, 842001 (Bihar)

5. The Assistant Director-II, Office of the Post Master General, Northern Region, Muzaffarpur-842001 (Bihar).

6. The Superintendent of Rail Mail Srvice, Muzaffarpur-842001 (Bihar).

…….Opposite Parties.

By Advocate(s) :- Shri H.R. Singh O R D E R PER : NARENDRA KUMAR JOHARI, MEMBER (J) :

Instant OA has been filed by the applicant seeking the following relief:-

“8.1 That your Lordships may graciously be pleased to KUMAR M AN A N K O U R M A A N R J quash and set aside the impugned Orders dated

25.05.2022, 02.09.2022 and 19.09.2022 issued by the respondents as contained in Annexure A/1, A/2 and A/3 whereby recovery of damage rent amounting to Rs.1452400/-has been ordered against retention of Quarter No. Type-III/19.

8.2. That your Lordships may graciously be pleased to direct / command the Respondents to treat the occupation of applicant for the period from 16.10.2020 to May 2022 in quarter No. Type-1/25 renovated Type-III/19 as just, authorized and proper..

8.3 That your Lordships may graciously be pleased to direct / command the Respondents to refund the amount already recovered towards damage rent from the salary of applicant from the month of September 2022 up till now without any further delay statutory interest.

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

2. Brief facts of the case as émerged from pleadings is that the applicant, Shri Satyendra Kumar was initially appointed as Gramin Dak Sewak Cadre Group 'D' (now MTS) on 03.03.1994 and later he was promoted to the post of Sorting Assistant, Group ‘Ç’ post. While working as MTS under RMS, ‘Ú’ Division, Muzaffapur, he was alloted Qr. No. Postal/ Type-1/25 in the month of April, 2004.

3. Due to shortage of Type-III quarter in Postal Colony, Muzaffarpur, in the year 2018-2019 an administrative decision was taken to upgrade the Type-1 quarter from Qr. No. 17 to 32 into Type- lll. It was also asked to all occupants (including the applicant) that if they desire to reside in quarter of Postal Colony, Muzaffarpur, they may apply for allotment in entitled class. The applicant did not vacate the quarter despite a series of reminders dated 05.12.2019, 19.03.2021, 12.04.2021, 31.05.2021, 21.06.2021 and 20.07.2021 and stayed in the quarter. On 07.10.2021, the applicant was alloted Type-

II quarter No. P-II/01 which, as per the applicant, was not in living condition hence applicant submitted representation dated 21.10.2021 followed by 19.01.2022 and 11.04.2022.

4. The respondent No. 5 sent a letter on 27/28.04.2022 to the Assistant Engineer (Civl) Muzafapur to take necessary action for repairing of newly alloted quarter No.Type-II/01 but instead of that respondent no. 5 issued impugned ordere dated 25.05.2022 treating the occupation of earlier quarter under unauthorised occupation since October 2020 and assessed the recoery of damage rent from October

2020 to May 2022 amounting to Rs. 14,52,400/- for Type-III quarter.

5. Learned counsel for applicant has submitted that since the newly alloted quarter was not in living condition, applicant submitted representation on 21.10.2021 followed by 19.01.2022 and 11.04.2022 for its renovation. He further submitted that during the said period, effect