Facts
The applicant, a retired Chief Ticket Inspector of South Western Railway, was transferred from Mysore to Bangalore on 03.04.2019 and relieved on 20.11.2020
Source reference: p. 2, 6Based on his wife’s medical grounds and daughter’s LLB studies, he was permitted to retain railway quarters until 19.07.2021
Source reference: p. 3, 7He vacated the quarters on 27.01.2022
Source reference: p. 4, 16The respondents treated the period from 21.07.2021 to 27.01.2022 as unauthorized occupation and imposed "damage rent" totaling ₹4,07,355, calculated using a telescopic penal rate
Source reference: p. 3, 9This amount was recovered from the applicant's pay and DCRG
Source reference: p. 4, 10The applicant challenged the recovery, citing the COVID-19 pandemic and his daughter’s final exams, which concluded only on 20.09.2021
Source reference: p. 14, 23Issues
1. Whether the period of occupation from 20.07.2021 to 05.10.2021 could be classified as unauthorized, given the daughter’s academic session ended on 20.09.2021
Source reference: p. 23, 282. Whether the respondents failed to consider the Railway Board’s COVID-19 extension circular dated 26.07.2021
Source reference: p. 25, 283. Whether the imposition of telescopic damage rent was valid without a formal cancellation of allotment or notice
Source reference: p. 11, 27Law Applied
The court applied Master Circular No. 49 regarding the allotment and retention of Railway quarters, specifically Para 10.1(e) and RBE No. 43/2011, which defines the "end of academic session" as the date of the last paper of the annual examination plus 15 days
Source reference: p. 21It further relied on Railway Board Letter No. E(G) 2021 RN 2-8 (COVID-19) dated 26.07.2021, which delegated powers to General Managers to grant an additional three-month extension for quarter retention due to pandemic-related difficulties
Source reference: p. 24-25Regarding damage rent, the court referenced the Ministry of Urban Development OM dated 07.09.2016, which prescribes telescopic penal charges for unauthorized occupation of General Pool Residential Accommodation (GPRA)
Source reference: p. 17-18Reasoning
The Tribunal found that the applicant’s daughter’s last examination was on 20.09.2021, as evidenced by her admit card and college certificate
Source reference: p. 14, 23Per RBE No. 43/2011, the applicant was entitled to retain the quarters until 05.10.2021 (last exam + 15 days), rendering the respondents' calculation of unauthorized occupation from 20.07.2021 legally flawed
Source reference: p. 23, 28Furthermore, the respondents ignored the Railway Board's circular dated 26.07.2021, which allowed for a three-month COVID-19 extension
Source reference: p. 28The Tribunal noted that the respondents failed to provide proof of serving a notice of cancellation of allotment, which is a prerequisite for charging damage rent under Para 1(a)(iii) of the November 2020 circular
Source reference: p. 27Consequently, the period of unauthorized occupation was reduced from over six months to exactly three months and twenty-one days (06.10.2021 to 26.01.2022), subject to further COVID-related relaxation
Source reference: p. 28-29Holding
The Tribunal allowed the OA in part, quashing the Memorandum dated 28.03.2022 (Annexure A3)
It held that the unauthorized occupation period was only three months and twenty-one days
Source reference: p. 29The respondents were directed to: (i) recalculate the damage rent for the reduced period; (ii) consider the additional three-month COVID-19 extension as per the July 2021 memo; and (iii) refund the excess amount recovered within one month of the decision
Source reference: p. 29If the refund is delayed, the applicant is entitled to simple interest at 6% per annum from the date of the judgment
Source reference: p. 29Original Court PDF
C ArogyanathanvsSOUTH WESTERN RAILWAY
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