IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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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 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 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 this Court.

List for further direction on 05.05.2025.

5. The petitioner has filed a copy of the policy dated 05.05.2025, whereby SAG and above levelled Officers posted at SCER regarding house allocation/retention may be permitted to retain their Railway accommodation at their previous place of posti