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Judgment
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
The facts of the matter are that while the applicant was working as Sr. Technician (Fitter)/C&W at Khurda Road Division of E.Co.Rly., she was in occupation of railway quarters bearing No. G/70/A (Type-III) at Accounts Colony, Khurda Road.
She appeared at the examination conducted by Railways for filling up of the post of Apprentice JE(C&W)/Level-6 in Mechanical Department under E.Co.Rly/HQ/BBSR cadre against Central Administrative Tribunal25% DPQ. Upon being successful in the examination, she was empanelled for promotion to the post of JE (C&W); whereupon on completion of pre-required mandatory training course on 09.03.2023, she was released from her parent cadre vide order dated 14.03.2023 and reported to PCPO/E.Co.Rly/BBSR on 15.03.2023. On 29.03.2023, she was promoted to JE (C&W) in Level-6 under 7th CPC and posted under PCME/BBSR. Vide order dated 22.06.2023 [A/3], post facto approval for retention of the quarters bearing No. G/70/A (Type-III) at Accounts Colony, Khurda Road, which was allotted to her while she was working as Sr. Technician (Fitter)/C&W at Khurda Road Division of E.Co.Rly., was accorded from 15.03.2023 to 14.05.2023 on payment of normal rent with further stipulation that retention of quarters beyond permissible period will be treated as unauthorized retention and damage rent will be charged as per Master Circular No. 49 (Revised) [RBE No. 135/2019].
According to applicant, she submitted application on 12.10.2023 to Sr.DME/KUR/ECoR requesting grant of permission to retain Qrs. No. G/70/A (Type-III) at Accounts Colony, Khurda Road, for the current financial year on payment of normal rent on education ground as per Railway Board Master Circular No. 48 para 10.1(a). In letter dated 29.01.2024, the applicant was allowed retention of quarters from 15.05.2023 till 14.11.2023 on payment of double flat rate of licence fee on educational ground as per rules. Since the applicant did not vacate the quarters in question, vide letter dated 05/16.08.2024, the APO/HQ, O/o the PCPO/ECoR/BBSR intimated the AFA/Estt/ECoR/BBS for internal checking, audit and vetting of total amount of Rs. 2,01,242/- for recovery from the salary of the applicant towards normal rent (01.04.2023 to 14.05.2023), double flat rate of licence fee (15.05.2023 to 14.11.2023) and damage rent (15.11.2023 to 01.06.2024) for authorized/unauthorized retention of quarters, in question. The applicant submitted representation on 04.09.2024 requesting permission to retain the quarters, in question, at least, FY 2023-24 on payment of normal rent on educational ground. In letter dated 20.09.2024, it was intimated to her that she was transferred from KUR to HQ/BBSR on 14.03.2023. Thereafter, she submitted application for retention of quarter, in questions, which was granted from 15.03.2023 to 14.05.2023 on normal licence fee and from 15.05.2023 to 14.11.2023 on double licence fee. In terms of the rules, retention of quarters in the previous place of posting is admissible during academic session, 2022-23 only and cannot be extended to 2023-24 except in case of ward studying in class IX or XI. The applicant again submitted representation on 18.10.2024, 09.12.2024, 25.04.2025, which were rejected in letter dated 08.05.2025 and 16.06.2025.
Respondents filed counter opposing and contesting the case of the applicant on the grounds, which would be dealt into infra. The applicant has also filed rejoinder.
Heard. Perused the records.
The factual aspects noted above are based on the records, and, by reiterating the same, Ld. Counsel appearing for the applicant has submitted that the respondent-railways committed gross error in imposing penal interest for the quarters, in question, because educational year comes to an end on 31st of March of every year. When, due permission was granted for retention of the quarters on education ground, the same ought to have been upto 31st March, 2024 but not before that date. She submitted application and the competent authority vide letter dated 29.01.2024, granted post facto approval for retention of the quarter from 15.06.2023 to 14.11.2023. Thereafter, she again submitted application for retention of quarters and, in absence of any communication received by her, she remained under bona fide impression that her request received affirmative consideration. Whereas, based on the letter dated 05/16.08.2024 of Resp. No.2, recovery towards damage rent from 15.11.2023 onwards, amounting to Rs. 1,95,567/- including the month of April & May, 2024, has been commenced from her salary, which, being unjust and improper, is liable to be quashed. It is stated that she is a sprinter and her adopted son was prosecuting his Class-VIII in KV, Jatni, for which she applied for retention of the quarters, in question, till the end of educational year 2023-24, which were not acted upon promptly and, therefore, imposition of the damage rent is bad in law. The Railway Board from time to time issued instructions regarding retention of quarters by the employee on educational ground whereas in her case the authority concerned taken the decision by applying the beneficial Railway Board order in giving a misinterpretation. Last but not the least, it is stated that had the authorities taken steps on her requests, in promptitude manner, she would have tried to make alternative arrangement or else would have discontinued her son’s classes for the rest of the academic year. Therefore, for the fault of the authorities, she should not be made to suffer, especially when her request for retention of the quarters was supported by genuine difficulties. Accordingly, Ld. Counsel for the applicant prayed for the relief claimed in this OA.
In oppugnation, based on the stand taken in the counter, Ld. Counsel appearing for the respondents submitted that the stands taken by the applicant are all false, baseless and contrary to record. There is no such implied or automatic retention of quarters by an employee during academic session. As per Railway Board's Master Circular No. 49 (Revised) and RBE No. 99/2020, retention on educational grounds is permissible only to cover the current academic session, which has been clearly defined as upto the last paper of the annual examination plus 15 days, and not till 31st March as claimed by the applicant. The applicant was granted retention from 15.03.2023 to 14.05.2023 on normal licence fee and from 15.05.2023 to 14.11.2023 on double licence fee strictly as per rules. Further occupation of the quarters in question by the applicant beyond 14.11.2023 was unauthorized and automatically attracted damage rent as per the rules. The contention that absence of communication amounted to deemed approval is wholly untenable, as for retention of quarters a specific written order of the competent authority is an inbuilt provision. The figures arrived at in letter dated 05/16.08.2024 was after due vetting and in accordance with the Railway Board's Master Circular No. 49 (Revised), RBE No. 99/2020 and the instructions relating to telescopic penal charges for unauthorized retention since the applicant was permitted to retain the quarters up to 14.11.2023 on double licence fee, and any occupation beyond that date automatically became unauthorized by operation of rules. It is stated that even there is delay in giving consideration to her representation, the delay cannot confer any right on her to claim exemption from damage rent de hors the rules. It is further stated that submission of representations does not amount to automatic approval nor any inaction in giving consideration override the statutory provision. The applicant continued to occupy the quarters, in question, beyond the permissible period at her own risk and the consequential levy of damage rent is rule-based and lawful. Hence, the impugned letter dated 05.08.2024 is valid and this OA is liable to be dismissed.
Relevant portion of master Circular No. 49 (Revised)[RBE No. 135 of 2019 dated 20.08.2019] reads as under:
“10.0 Retention of Railway quarters:
10.1 Permanent Transfer
a)A Railway employee on transfer from one station to another which necessitates change of residence may be permitted to retain the railway accommodation at the former station of posting for a period of two months on payment of normal rent or single flat rate of licence fee/rent. On request by the employee, on educational or sickness account, the period of retention of railway accommodation may be extended for a further period of six months on payment of special licence fee, i.e. double the flat rate of licence fee/rent. Further extension beyond the aforesaid period may be granted on educational ground only to cover the current academic session on payment of special licence fee. Beyond the permitted/permissible limits, however, no further extension will be allowed on any ground whatsoever. Therefore, no request or representation on this score shall Central Administrative Tribunalbe entertained. For all occupations beyond the permitted period, immediate action should be taken to cancel the allotment, declare the occupation as unauthorised and initiate eviction proceedings, charging damage rent for the over-stay.
b)Where the request made for retention of Railway quarter is on grounds of sickness of self or a dependent member of the family of the railway employee, he/she will be required to produce the requisite Medical Certificate from the authorized Railway Medical Officer for the purpose.
c)In the event of transfer during the mid-school/college academic session, the permission to be granted by the competent authority for retention of railway accommodation in terms of item (a) above will be subject to his/her production of the necessary certificates from the concerned school/college authority. (No. E(G)2000 QR 1-23 dated 01.06.2001 - RBE No. 100/2001)
d)The retention on medical grounds is required to be supported by a medical certificate from an authorised Railway Doctor. In cases where the employee or his/her family member etc. is receiving treatment from other streams of medicines like Homeopathy, Ayurved, Unani, etc.and the employee wishes to avail retention of Railway quarter on transfer/retirement etc.on medical grounds (subject to eligibility as per policy instructions), he/she may apply in writing to the Railway Medical Officer concerned, requesting for a Medical Certificate with details of sickness and subject himself/herself for medical examination.The Railway Medical Officer on examination of the sick person may issue a Medical Certificate with his/her recommendations, if any, as per his/her assessment. (E(G) 2002 QR 1-7 dated 13.11.2002)
e)On educational ground - definition of "end of academic/scholastic session".
(i)In the event of permanent transfer, retention of Railway accommodation is allowed on educational ground to cover the current academic session only (i.e. end of the academic / scholastic session) plus 15 days. The end of academic / scholastic session shall, in this case, mean "last paper of annual examination". (No. E(G) 2006 QR 1-14 dated 05.04.2011 - RBE No. 43/2011)
ii) Clarification on definition of end of academic/scholastic Central Administrative Tribunalsession.
a)It is further clarified that current academic session refers to annual academic course ending with annual examination and not till the results thereof are announced. It does not also mean that the total duration of any course of study; for example, in respect of three years degree course, the current academic session means first or second or third year of course, as the case may be, and not the total three years. As such quarter retention is allowed up to last paper of annual examination for the current academic session/year (not the last paper of next academic year/session) plus 15 days. (E(G) 2006 QR 1-14 dated. 04.01.2012)
(b)An employee will have to furnish proper certificates from the recognized institution. Certificates for attending any part-time course or any course not recognized by the Education Department of the state is not acceptable for the purpose of retention of Railway quarter on educational ground. (Ref: E(G)85 QR 1-9 dated 15/1/90 & E(G)2006 QR1-14(A) dated 20/11/2006)
(c)If the ward of the Railway employee is studying in class 9th or class 11th, retention of railway accommodation may be allowed on educational ground to cover the current academic session and also the next academic session (examination) of the ward till the end of the academic/scholastic session of class 10th or 12th respectively plus 15 days. (Ref: No 2017/Trans Cell/Process Reform/Estt dated 29.12.2017)”
It is significant to note that the authority manning the department of Govt. of India cannot maintain double standard when managing day-to-day office affairs or addressing employee grievances. Under administrative law and the principles of natural justice, public officials and management bodies are legally obligated to act fairly, consistently, and without Central Administrative Tribunal discrimination and, if it is so, then the judicial invention/interference is certainly irresistible. In the instant case, we find that the applicant was admittedly relieved from his previous place of posting vide order dated 14.03.2023 to report to PCPO/ECoR/BBSR. The study of her son at KV, Jatni is also not in dispute. The respondents themselves considering her application granted h her retention of quarters, in question, in his previous place of posting on educational ground on payment of double licence fee from 15.05.2023 to 14.11.2023. Since, there was no such order allowing further retention, they imposed the damage rent from 15.11.2023 onwards. Applicant submitted application requesting retention of quarters till end of the academic session of her son, i.e. 31st March, 2024. Respondents rejected the same stating that as per the rules, since the applicant was relieved on 14.03.2023, she can be allowed to retain the quarters till end of the education session 2022-23 as per the rules. If, as per the rules, for the release of the applicant on 14.03.2023, she was entitled to retain the quarters till the ends of the academic session 2022-23 i.e. 31st March, 2023 it is not Central Administrative Tribunal understood how the respondents themselves allowed retention of the quarters till 14.11.2023, i.e. within the educational session 2023-24, on educational ground and, admittedly, the education session of 2023-24 ends on 31st March, 2024. Thus, on juxtaposing reading of the Master Circular, quoted above, vis a vis the very decision of the authority extending the retention of quarters solely on educational ground on payment of double of licence fee till 14.11.2023, imposition of damage rent at least from 15.11.2023 till 31.03.2024 is established to be a case of total non-application of mind and imposition of damage rent is arbitrary exercise of power. Thus, we do not have any hesitation to hold that miscarriage of justice has caused to the applicant in the decision making process of the matter thereby requiring judicial interference by this Bench for the ends of justice. Had the authorities applied their mind in its proper perspective, as noted above, the present proceedings would have been avoided. At this stage, it is appropriate to remember an old adage “a stitch in time would have saved nine” and the decision of the Hon’ble Apex Court in the case of Lakshmi Ram Bhuyan Vs Hari Central Administrative Tribunal Prasad Bhuyan, (2003) 1 SCC 197, wherein it was held that an inadvertent error emanating from non-adherence to rules of procedure prolongs the life of litigation and non-application of mind gives rise to avoidable complexities. Accordingly, the order of rejection dated 05.08.2024 and 20.09.2024 and 08.05.2025 to the extent of rejection of retention of quarters, in question, till end of the academic session 2023-24/31.03.2024 are hereby annulled. The respondent No. 2 is hereby directed to modify the order dated 05/16.08.2024 by converting the payment of damage rent from 15.11.2023 till 31.03.2024 to double the licence fee and, accordingly, issue the revised order afresh within a period of 30 days from the date of receipt of a copy of this order. After issuance of revised order, as directed above, excess amount, if any, already recovered from the applicant based on the order dated 05/16.08.2024, shall be refunded to her within another 15 days after the fresh order being passed in compliance of the direction made above. The rest of the relief prayed for by the applicant in this OA is declined.
In the result, this OA stands allowed to the extent stated Central Administrative Tribunal above by leaving the parties to bear their own costs. Pending, MA, if any, stands disposed of.