UNION OF INDIA Vs. ARUN KUMAR OJHA

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioners are Union of India and officials of East Central Railway. They have challenged the order of Central Administrative Tribunal, Patna Bench dated 20.4.2011 whereby O.A. No. 63/2011 was allowed by setting aside the order of the Railway dated 7.5.2010 with a direction to the Railway to refund the damage rent realized in excess of the normal rent within three months from the date of the order.

(3.) The relevant facts necessary for adjudication of the dispute have been noted by learned Tribunal in paragraph 2 of the impugned order. The applicant (respondent herein) was appointed on the post of Clerk Grade-I/Senior Clerk and he joined at Sonepur on 31.10.1986. He was promoted to the post of Cashier in 1996 and thereafter posted to the post of Senior Cashier in November, 2003. He was transferred under order dated 9.4.2008 from Sonepur to Danapur on the same post. He was relieved from Sonepur on 28.4.2008 but on account of illness, as claimed by him, he joined the transferred place at Danapur on 28.7.2008. On 5.8.2008 he filed an application to the Divisional Railway Manager, Sonepur for retaining the quarter at Sonepur till March, 2009 on the ground of education of his son. He again filed application dated 2.3.2009 for retaining the quarter till alternative arrangement at Patna or Danapur could be made by him. The applicant did not receive any reply and continued to occupy the quarter at Sonepur. An order dated 21.4.2010 was served upon him to vacate the quarter and hand over the same to the new allottee. Thereafter, the applicant was served with another order dated 7.5.2010 which he challenged before the Tribunal. By that order the Railways imposed damage rent for the period 1.11.2008 to 30.4.2010 amounting to Rs. 1,15,866/-which was to be realized in monthly installments of Rs. 6,437/-. Applicant handed over the quarter to Railway through an application dated 30.6.2010.