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NEUTRAL CITATION NO. 2026:MPHC-JBP:9547

1 WP-5052-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

th

ON THE 30 OF JANUARY, 2026

WRIT PETITION No. 5052 of 2025

GAURAV SINGH

Versus

MINISTRY OF RAILWAY AND OTHERS

Appearance:

Shri Manjit P.S. Chuckal - Advocate for the petitioner.

Shri Gajendra S. Thakur - Advocate for the respondent No.3.

ORDER

Per: Justice Vivek Rusia

The petitioner has filed the present petition being aggrieved by order dated

20.01.2025 (Annexure P/1), whereby O.A. No.200/996/2024 has been partly

allowed by directing the respondents to recalculate the damage rent excluding the

period from 10.05.2022 (the date of relieving of the petitioner/applicant to

Southern Railway) to 31.03.2023 (the date of end of academic session of his

daughter) and make suitable recovery from the pay of the petitioner/applicant and

the petitioner/applicant was directed to immediately vacate the Government

accommodation.

2. The writ petition came up for hearing on 14.02.2025 and considering the

submission made by the learned counsel appearing for the petitioner that the

posting order has subsequently been changed, and on 28.05.2024, the petitioner

has been transferred to Bilaspur under the South Eastern Central Railways, hence

entitled to the benefit of RBE-43 of 2024 to retain the quarter till 31.03.2025, he

Signature Not Verified

Signed by: SHRUTI JHA

Signing time: 04-02-

2026 18:05:17

NEUTRAL CITATION NO. 2026:MPHC-JBP:9547

2 WP-5052-2025

was permitted to retain the residential accommodation.

3. This petition came up for hearing on 03.04.2025. The affidavit filed by

the petitioner in the form of an undertaking to vacate the Government

accommodation on or before 30.04.2025 was taken on record.

4. Learned counsel for the petitioner submitted that the respondent/Railway

has been coming out with policies for the grant of extension for retention of

quarters to employees, who are inter-alia serving in South Eastern Central

Railway, and the fresh policy is likely to be issued for extension of time to vacate

the Government quarters. The petitioner gave an undertaking that the petitioner

would vacate and hand over the peaceful vacant possession of the subject premises

to the respondents on or before 30.04.2025, in case there is no policy issued by the

respondents till 30.04.2025. A copy of the order dated 03.04.2025 is reproduced

below:-

An affidavit of undertaking has been filed in Court wherein petitioner

has undertaken to vacate the government accommodation on or before

30.04.2025. The affidavit is filed in court, same is taken on record.

The affidavit however indicates that the undertaking is subject to the

condition that there is no policy of extension issued by the Railway

Department in the meantime.

The contention of the petitioner is that the respondent/Railway has been

coming out with policies for grant of extension for retention of quarters

to employees who are inter-alia serving in South Eastern Central

Railway. It is contended by learned counsel for petitioner that the policy

has been extended from time to time and the last extension was valid till

31.03.2025 and normally the policy of extension is issued after 31st

March of the year.

Learned counsel for petitioner submits that she has instruction that in

case there is no policy issued by the respondents till 30.04.2025,

petitioner shall vacate and hand over the peaceful vacant possession of

Signature Not Verified

Signed by: SHRUTI JHA

Signing time: 04-02-

2026 18:05:17

NEUTRAL CITATION NO. 2026:MPHC-JBP:9547

3 WP-5052-2025

the subject premises to the respondent on or before 30.04.2025.

The undertaking is accepted.

It is clarified that if a policy for extension is issued by the respondent

before 30.04.2025, it would be open to the petitioner to apply to the

competent authority under the policy in accordance with law and the

competent authority would consider the same in accordance with law

without being influenced by the undertaking given to thi