GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH, THROUGH REGISTRAR

JUDGEMENT

(1.) THE Railway authorities have filed this writ petition aggrieved by the order dated 12th August, 2005 passed by the Central Administrative Tribunal, Patna Bench, Patna to the extent it declared that order of recovery of Rs. 29,613/ - towards penal rent from retiral benefits was bad in law. The controversy arises from the facts which may be noticed first Subhadra Jha (respondent no. 2) retired from the post of Commercial Superintendent, North Eastern Railway, Sonepur Division on 31st January, 1995. Even after his retirement, he continued to occupy the official quarter which was given to him during the service.

(2.) While settling his retiral dues, the amount of Rs. 29,613/ - was deducted on account of damages for unauthorised occupation of the Railway quarter after his retirement. We need not refer to the facts with regard to the stoppage of increment, non -payment of pension at the pay last drawn by him and the salary for unutilized leave etc. as these aspects which were in issue before the Tribunal, are not for consideration before us in the writ petition. The Tribunal relied upon the decision of the Supreme Court in the case of Gorakhpur University and Others V/s. Dr. Shitla Prasad Nagendra and Others, (2001)6 Supreme Court Cases 591, and held that penal rent could not be recovered from the retiral dues and that recovery of Rs. 29,613/ - towards penal rent was bad in law. As noticed above, it is only this part of the order that is challenged in the present writ petition.

(3.) RULE 15 of the Railway Services (Pension) Rules, 1993 makes a provision for recovery and adjustment of Government or railway dues from pensionary benefits which read thus: - "15. Recovery and adjustment of Government or railway dues from pensionary benefits. - (1) It shall be the duty of the Head Office to ascertain and assess Government or railway dues payable by a railway servant due for retirement. (2) The railway or Government dues as ascertained and assessed, which remain outstanding till the date of retirement or death of a railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub -rule (4). (3) For the purposes of this rule, the expression "railway or Government dues" includes - (a) dues pertaining to railway or Government accommodation including arrears of licence fee, if any; (b) dues other than those pertaining to railway or Government accommodation, namely balance of housebuilding or conveyance or any other advance, over -payment of pay and allowances, leave salary or other dues such as post office or Life Insurance premia losses (including short collection in freight charges shortage in stores (caused to the Government or the railway as a result if negligence or fraud on the part of the railway servant while he was in service.