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Judgment
Per: RAMESH SINGH THAKUR, MEMBER (J):
M.A.No. 3183/2026
MA filed on behalf of the respondents for placing on record Supplementary Affidavit dated 30.09.2026 in pursuance to our order dated 14.08.2026.
It has been submitted by the respondents that the total amount recoverable from the applicant, including panel rent, is Rs. 26,32,676/-, whereas the net amount of DCRG and Leave Encashment payable to the applicant is Rs. 19,18,989/-. It is further submitted that after adjusting the net DCRG and Leave Encashment amount of Rs. 19,18,989/- against the outstanding dues of Rs. 26,32,676/-, а balance of Rs. 7,13,687/-remains recoverable from the applicant, and a letter dated 31.08.2026 has already been issued to the applicant (Annexure R-2) advising him to deposit the balance recoverable amount of Rs. 7,13,687/- with the Railway.
MA is allowed. Supplementary affidavit dated 30.09.2026 is taken on record. MA stands disposed of accordingly.
M.A.No. 3250/2026
MA filed by the applicant seeking permission to withdraw the OA with liberty to file fresh OA assailing orders dated 31.08.2026 and 26.05.2026.
It is submitted by the applicant that the respondents have passed orders dated 31.08.2026 and 26.05.2026 wherein it is mentioned that apart from outstanding railway dues amounting to Rs. 19,18,989/-payable to the applicant, there are outstanding recoveries of penal/damage rent along with water and electricity bill amounting to Rs. 26,32,672/- and thus after adjustment qua the same an amount of Rs. 7,13,687/- is due for recovery from the applicant.
The applicant submits that the aforesaid orders dated 31.08.2026 and 26.05.2026 have been passed during the pendency of the present OA, and the same are required to be assailed and challenged by filing a fresh OA.
In view of the above, instant MA is allowed. Applicant is permitted to withdraw OA No. 287/2025 with liberty to file a fresh application on same cause of action with better particulars.
MA stands disposed of.
O.A.No. 287/2025
In view of above order passed in MA No. 3250/2026, the present Original Application stands dismissed as withdrawn with liberty to file a fresh application on the same cause of action with better particulars.
Pending Miscellaneous Applications, if any, shall stand disposed of accordingly.
