UNION OF INDIA Vs. RAJINDER SINGH

JUDGEMENT

(1.) C.M. NO.9853/2014 (for exemption)

(2.) THE writ petitioners (hereafter "the Northern Railways") challenge the order of the Central Administrative Tribunal ("CAT") dated 3.9.2013 in O.A. No.3488/2011, which found that the respondent's alleged dues claimed by the petitioner were neither 'admitted' nor 'obvious' and thus could not permissibly be adjusted against the Death -cum -Retirement Gratuity ("DCRG") owed to him.

(3.) THE respondent requested for regularization of the quarter in his name, after his father's retirement in September 1981; the request was not considered for five years and was later denied on the ground that no sharing permission had been taken by the respondent or his father, thus disentitling him from claiming regularisation of allotment of the quarter allotted to his father. The respondent and his father, who were both residing in the quarter, filed W.P.(C) no. 465/1986 before this Court, challenging the applicability of Section 138 of the Railways Act, 1890 and seeking regularization of allotment of the quarter in the respondent's name. This Court stayed the eviction proceedings. The writ petition was dismissed thrice, following which on 29.9.2008, the Court found that the respondent himself had retired in August 2008, causing the relief in the writ petition to become infructuous. On 9.4.2009, the respondent vacated the quarter. In the meanwhile, a letter dated 25.5.2009 was sent by the General Secretary, IRCA/DRM Office Complex, New Delhi, intimating that Rs. 22,25,214/ - was due as penal rent and Rs. 97,598/ - as electricity bill was due as electricity bill, aggregating Rs. 23,22,812/ -.The Northern Railways then claimed that an amount of Rs. 3,12,771/ - was owed to the respondent in the form of DCRG; after adjustment thus, the total amount required to be paid by the respondent was Rs. 20,10,041.66/ - to the Railway Department.