UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD Sri A.K. Gaur, learned counsel for the petitioners and Sri S.S. Sharma, learned counsel appearing on behalf of respondent No. By means of the present writ petition, the petitioners have challenged the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 3.11.2008 passed in Original Application No. 365 of 2003, filed by the respondent No. 2, whereby the original application has been allowed.

(2.) THE brief facts of the case are that respondent No. 2, who was a Railway employee retired on 31.10.1994, while he was posted at Mirzapur. He was provided Railway accommodation No. 83 -B, Type -II, Railway Colony, Mirzapur. It appears that after the retirement, he had been allowed to retain the house upto 29.2.1995. No further permission was granted to retain the said house after 1st March, 1995. Admittedly, the respondent No. 2 had vacated the premises on 15.2.2000. The respondent was required to pay the penal rent for the period 1.3.1995 to 15.2 -2000 for which it appears that notices had been given to which the respondent No. 2 filed reply and finally by the order dated 8.1.2000, penal rent at Rs. 1,08,759.07 p. has been calculated. Further, on consideration of the reply of the respondent No. 2, by the order dated 24.4.2002, after the adjustment of gratuity amount of Rs. 36,855/ -, the respondent No. 2 has been asked to pay balance amount of Rs. 71,904/ -.

(3.) THE main contention of respondent No. 2 before the Tribunal was that the accommodation has been retained upto 2000 because of non -payment of post retiral dues and further that the penal rent cannot be adjusted with the gratuity amount. The Tribunal by the impugned order has directed the payment of rent/damages @ Rs. 200/ - per month with effect from 1.11.1994 till the date on which the premises has been vacated and directed the respondent No. 2 to pay the amount within eight weeks. The Tribunal further held that amount of rent cannot be adjusted with the gratuity amount and accordingly directed to pay the amount of gratuity or any other post retiral dues within a period of two months from the date of aforesaid deposit of rent/damages.