NAND KISHORE MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner by means of the present writ petition has challenged the order dated 26.2.1997 and 6.12.2002 passed by the Central Administrative Tribunal, Allahabad rejecting his original application and the review application. A further challenge has been made to the order dated 8.11.2002 passed by the Railway Authorities as a consequence of the above orders.

(2.) Petitioner's original application challenging the order of deduction of penal rent from his salary for the period 19.2.1988 to 13.3.1994 and for the refund of the amount so deducted with interest at the rate of 18% was dismissed by the Tribunal.

(3.) The petitioner was working with the Indian Railways as Cabin Man and he retired on 31.3.1994 as Goods Clerk. He was posted at Allahabad and was allotted official quarter No. 655-B, Loco Colony, Allahabad. He was transferred to Aligarh which order was initially kept in abeyance for some time and ultimately was modified and he was transferred to Kanpur w.e.f. 17.2.1988. He was re-transferred to Allahabad on 22.2.1990. However, during the aforesaid period he retained the official quarter at Allahabad despite posting at Kanpur and continued to occupy it till his retirement without there being any fresh allotment on re-transfer. Accordingly, on account of overstay in the official quarter penal rent was deducted from his salary.