Satya Pal vs Union Of India And Ors.

Jasmine Ahmed, J

Through the medium of this OA, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:

"The applicant, therefore, most humbly prays that this Tribunal, on the above mentioned facts & legal provisions, may graciously be pleased to:-

(a) Quash/set aside the impugned order dated 03.03.2016 passed by respondent No.4, Sr. Divl. Engineer/Estate, N.Rly., New Delhi;

(b) Pass an interim stay on the operation/execution of the said impugned order till the final disposal of this OA;

(c) And also direct the respondents not to take any coercive/recovery action, pursuant to its compliance of the said impugned order, against the applicant who is due to retire on his superannuation on 30th of this Month, by way of making deduction in his retiral benefits accruing to him on account of his long and satisfactory service with the respondents;

(d) Pass such other order/orders as this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of the present case."

The issue involved in this case is recovery of alleged damage rent running  into  an  amount  of  Rs.2,27,337/-  for  not  having  filed  the vacation certificate for a year.

The applicant, a reserved category candidate, who joined as a casual labourer, and rose in the ladder of promotion upto the level of Master Craftman( MCM), was allotted a railway quarter no.43/3, Type-II, Railway Colony, Delhi Kishanganj (in short „DKZ‟) on 09.07.2009 and later on, quarter No. 20/15, Type-II, DKZ, Delhi vide possession letter dated 6.08.2013, which according to the applicant was in a bad shape, warranting immediate major repair about which he complained to the authorities and on their not carrying out any such repairs, he surrendered the said accommodation on 23.09.2013 by affecting discontinuation of electricity on 24.09.2013. However, the applicant came to know in the year 2015 that the allotment of the aforesaid quarter was not cancelled and continuing in his name only. The applicant thereupon made a representation dated 07.05.2015 alongwith relevant documents of vacating the accommodation to the respondent no.3 praying therein to disconnect the allotment of the said accommodation since the date of vacating of the said accommodation i.e. 24.09.2013. No reply was given by the respondents. For allegedly retaining the above said two Govt. accommodations simultaneously for nearly 18 months, he was charged damage rent of Rs.2,27,337/-. Initially, the applicant filed an OA No.377/2016, which was disposed of vide order dated 29.01.2016 directing the respondents to dispose of the representation of the applicant dated 7.05.2015. While disposing of the OA, no merit was adjudged/discussed in the said order by this Tribunal.

The respondents, in pursuance of the aforesaid order dated 29.01.2016 considered and held that the applicant is responsible for non submission of vacation certificate on time and his submission of the said vacation certificate after a considerable time amounted to retention of two Govt. accommodations simultaneously, which is not permissible under law.

Failure to furnish vacation certificate resulted in the respondent charging damage rent to the tune of Rs.2,27,337/- against which the applicant has filed the present OA.

The spinal ground adduced in support of claim of the applicant is that he had complied with all the essential formalities of vacating the accommodation and thus for no fault of his, he is saddled with damage rent. The applicant has also taken support of letter No.105-G/HQHC/Misc/16 dated 23.03.2016 (page 29 of the OA) wherein it has been indicated that the quarter no. 20/15, Type-II, Kishanganj had been vacated on 24.09.2013. The letter dated 23.3.2016 is quoted below:

"उत्तर रेलवे

प्रधान कार्यालय,

बड़ौदा हाउस,

नई दिल्‍ली,

दिनांक - 23.03.206

पत्र संखया 405-जी॥+0॥|/0/950/6.

वरि० मंडल अभि०/सम्पदा,

उत्तर रेलवे, मण्डल कार्यात्रय,

नई दिल्‍ली ।

विषय : आवास संख्या 20/15 श्रेणी-।| किशन गंज के क्षतिपूर्ति किराये की कटौती के संबंध में |

श्री सत्यपाल्र वरि० टेक्नी० दिल्‍ली मंडल से प्राप्त आवेदन पत्र, जो कि वरि० मंडल अभि०/सम्पदा, उत्तर रेलवे, मंडल कार्यालय, नई दिल्‍ली को संबोधित है एवं प्रतिलिपि उप महाप्रबंधक/सा० उत्तर रेलवे, प्रधान कार्यालय, बड़ौदा हाउस, नई दिल्‍ली को भेजी है | उप महाप्रबंधक/सा० के द्वारा मामले को देखा है एवं पाया है कि प्रार्थना पत्र में प्रार्थी दवारा आवास संख्या 20/15 श्रेणी--। किशन गंज को दिनांक 24.9.13 को वरि० खण्ड अभि०/सम्पदा के कार्यालय में खाली किया जा चुका है । इस सन्दर्भ में सहा० मंडल अभि०-IV दिल्ली के द्वारा लिखा है कि आवास दिनांक 24.9.13 को खाली हो च॒का है एवं 24.9.13 से कोई भी शिकायत प्राप्त नहीं हुई हे ।

आपके कार्यात्रय के पत्र संख्या 4-E0/Retn/2016 दिनांक .02.2016 के अनुसार मकान को दिनांक 10.5.15 को खाली होना दर्शाया गया है । श्री सत्यपाल से लगभग 2,27,337 रूपए की क्षतिपूर्ति किराये की कटौती के आदेश जारी किये गए हैं । श्री सत्यपाल दिनांक 30.4.2016 को सेवा निवृत्त होने जा रहे हैं । अतः श्री सत्यपाल से प्राप्त आवेदन पत्र सभी अनुलग्कों के साथ आपके कार्यालय को अवलोकन एवं पुनः विचार कर उचित कार्यवाही हेतु अग्रेषित किये जा रहे हैं |

संलग्न : यथोक्‍्त

कृते महाप्रबंधक/स०"

In addition, the applicant has relied upon an endorsement at page no.15 of the OA, wherein it has been stated that light connection had been disconnected in regard to quarter No.20/15, Railway colony, Kishanganj. The counsel for the applicant also drew my attention to page no.14 (Annexure-3) which is a Vacation Form and it is seen in the vacation form that the applicant had filled up the said form for vacating the quarter No. 20/15 at Railway Colony, DKZ. It is further seen that on 23.09.2013 the vacation form had been forwarded. It is also noticed that vacation form had been countersigned by Sr. Sec. Engineer (C&W), N.R., Delhi, Sarai Rohilla (page 14 of the OA) and that in the same vacation form it is written as follows:

"Please ensure that no unauthorize construction exist in the Unit. Also ensure that the malba (Debris) is kept/stored in or around the unit.

If such thing is found then SSE/Estate or his representative will make visit for re-inspection after ten days of Ist inspection & delay will be in vacate account. D& AR action will also be initiated against the employee on giving wrong information."

From the next page i.e. page no.15, it appears that the electricity connection had been disconnected w.e.f 24.09.2013. It is also found that it has also been countersigned by Section Engineer (Elect), N.R. Delhi, Kishanganj. Counsel for the applicant states that these two very documents clearly depict that the quarter in question was vacated on 23.09.2013 and also electricity was disconnected w.e.f 24.09.2013. He also stated that as per the vacation form it should have been inspected by the respondents and at any point of time, the respondents never complained about unauthorized occupation of the alleged allotted quarter no.20/15, Type-II, Kishanganj by the applicant. Counsel for the applicant also states that it is the fault of the respondents and at the fag end of service career of the applicant, the respondents have penalized him with the alleged amount to be recovered from his salary, which is not only unfair but illegal, arbitrary and whimsical also.

The OA was contested by the respondents by filing their counter reply. The only stand taken by the respondents is that non-submission of vacation certificate in time amounts to retention of two quarters simultaneously, which is inadmissible.

The point of consideration is whether charging of damage rent is legal or otherwise.

Undisputedly, the quarter No 20/15, Type-II, Kishanganj, Delhi was allotted to the applicant while he was holding another railway quarter. On finding the house in a bad shape, it appears that the applicant though took possession on its allotment but did not choose to reside therein and his complaint for due repairs by the railway authority did not result in very positive action of repair of the said accommodation. Consequently, the repair not being carried out in the above said quarter, the applicant got disconnected the electricity connection and handed over the accommodation to the authority concerned (page no 14-15 of the OA). It appears that the manner of handing over and taking over has not properly taken place though the house stood surrendered by the applicant on 23.09.2013. From Annexure-7 (page No.29) letter dated 23.03.2016 of railways, it is seen that in the said letter it has been mentioned that the Asstt. Divisional Engineer-IV, Delhi has written that the house was vacated on 24.09.2013 is considered which date congruently coincided with the date of disconnection of electricity, as per the endorsement, there is no doubt that possession of the quarter was handed over by the applicant on that day itself. The minimum electricity consumed also goes to prove that there was disconnection. Even the letter dated 3.09.2015 written by the ADEN/E-IV/DLI filed with counter affidavit depicts that the said quarter was vacated on 24.09.2013. The letter dated 24.09.2013 is quoted below:

"Northern Railway

No.9-W/ADEN/E-IV/DLI                                                                                Office of the,

Dt.3-09-2015                                                                                                   ADEN/E-IV/DLI

Sr.DEN/Estate,

DRM‟s Office,

New Delhi.

Sub: Enquiry of Type-II Railway Quarter No.20/15 at Delhi Kishan Ganj under ADEN/E-IV/DLI

Ref: (i) Sr.DEN/E/Letter No. 1-EO/Misc./2015 dt.10-07-2015

(ii) SSE/W/DKZ-1/letter No. W-13/Qtrs/SSE/W/DKZ-1 Dt.06.07.2015

(iii) SSE/W/DKZ/Letter No. 6/PS/DKZ dt. 31-07-2015

In continuation of this office letter on 07-08-2015 revised details is as under:-

SN

Officials

Remarks

1

Civil Engineering

1)      Date of complain registered: 10-08-2013 Complaint No.: 3220 Nature of work: Mason work Date of work done: 27-08-2013

2)      Date of complain registered: 10-08-2013 Complaint No.: 3221 Nature of work: Fitter work Date of work done: 07-09-2013

3)      Date of complaint registered: 10-08-2013 Complaint No.: 3222 Nature of work: Carpenter work Date of work done: 28-08-2013

4)      Date of complaint registered: 26-08-2013 Complaint No.: 3502 Nature of work: Fitter work Date of work done: 28-08-2013 (Copy enclosed)

2

Electrical Engineering

1)      Energy meter reading at the time of allotment = 15453 units

2)      2) Energy meter reading at the time of vacation = 15482 units

3)      3) Net unit consumed = 29 units

4)      There is no complaint of this quarter for the period mentioned, as per record available in the office. (copy enclosed)

3.

Comments of neighborhoods

Neighborhoods are not agreed to give any comments regarding the Qr.No. 20/15

Conclusions:

There  is  no  any complaints registered by occupants after 24-9-2013

in the office SSE/W/DLZ-1 as well as SSE/PS/DKZ.

II Vacation certificate was signed by the concerned SSE‟s on 24-09-2013

III. Electric connection was disconnected as well as electric consumption charges are recovered upto 24-09-2013.

In view of above that accommodation was vacated on 24-09-2013

This is for your kind information pl.

Da/as above has already been sent.

Sd/-

ADEN/E-IV/DLI"

As per the endorsement, there is no doubt that the possession of the quarter was handed over by the applicant on that date itself. The minimum electricity bill also goes to prove that there was disconnection. Thus, vacation by the applicant of the railway quarter no.20/15, Type-II, DKZ on 24.09.2013 stands proved. The inventory which was taken by the authorities, as late as 16.11.2015 also which goes to show that the house was under the custody of the respondents since the date of vacation on 23.09.2013 and subsequently there was no handing over/taking over at the time when the inventory had been taken. Thus, damage charges leveled is totally unfair, arbitrary and illegal and the impugned order of recovery is liable to be quashed and set aside and it is so ordered.

Applicant stood retired from railway service on 30.3.2016 while the instant OA has been filed on 12.04.2016 i.e. after his retirement. In all expectations, some amount of terminal benefits must have been withheld on account of said demand for alleged damage rent. If so, the same shall be released to the applicant, to render complete justice to the applicant, along with interest @ 6% per annum from the expiry of two months of retirement till the date of payment. Time calendared for compliance of this order is three months from the date of receipt of a certified copy of this order by the respondents/ their counsel.

OA is allowed as per the above terms. No costs.