UNION OF INDIA Vs. NITYANAND GHOSH AND ANOTHER

JUDGEMENT

(1.) Heard Sri Chandra Shekhar Sinha, Advocate, for petitioner. None appeared on behalf of applicant-respondent though the case has been called in revised. Hence we proceed to the hear and decide this case finally after hearing learned counsel for petitioner.

(2.) Recovery was sought to be made from applicant-respondent, Nityanand Ghosh, on account of occupation of official accommodation beyond permissible period and the said recovery, therefore was towards penal rent of the said accommodation. The alleged recoverable outstanding amount was deducted from death-cum-retirement gratuity. It was challenged by applicant-respondent before Tribunal. Tribunal allowed Original Application by means of order dated 03.10.2008 holding that aforesaid deduction was not permissible from death-cum-retirement gratuity and, therefore, petitioner must refund the entire amount along with interest.

(3.) Learned counsel for petitioner relied on Rule 15 of Railway Services (Pension) Rules, 1993 (hereinafter referred to as "Rules, 1993"), which reads as under: