IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13085 of 2025

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1.The Union of India through the General Manager, Eastern Railway, 17, Neta

Jee Subhash Road, Kolkata, Pin Code- 700001 (W.B).

2.The Chief Workshop Manager, Eastern Railway Workshop, Jamalpur,

District- Munger, Pin Code- 811214 (Bihar).

3.The Workshop Personnel Officer, Eastern Railway Workshop, Jamalpur,

District- Munger, Pin Code- 811214 (Bihar).

4.The Principal Financial Advisor, Rail Wheel Plant, Bela, District- Saran, Pin

Code- 841221 (Bihar).

... ... Petitioner/s

Versus

Amol Kumar Singh Son of Late N.K.P. Singh, Deputy Chief Material

Manager, Rail Wheel Plant, Bela, District- Saran- 841221 (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s: Mr. K.N. Singh, ASG

Mrs. Parul Prasad, CGC

Mr. Aditya Anand, Adv.

Mr. Shivaditya Dhari Sinha, Adv.

Ms. Shristi Singh, Adv.

Mr. Abhinav, JC to AGG

For the Respondent/s: Mr. M.P. Dixit, Adv.

Mr. S.K. Dixit, Adv.

Mr. S.K. Chaubey, Adv.

Mr. Shailendra Kumar, Adv.

Mr. Punit Ranjan Dixit, Adv.

Mr. Milind Raj Dixit, Adv.

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 31-03-2026

The present writ petition has been filed assailing the order

dated 27.03.2025 passed by the Ld. Central Administrative

Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘Ld.

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CAT’) in O.A. No. 050/00335/2020, whereby and whereunder

the original application filed by the sole respondent has been

allowed and the impugned orders dt. 24.08.2020 and 24.08.2019

have been quashed, with a direction to the petitioners to refund

the amount, if any, recovered from the salary of the applicant/

respondent.

2.The brief facts of the case are that while the sole

respondent was posted as Sr. Material Manager, Eastern

Railway, Jamalpur, he was allotted a Railway Quarter No. 729,

Elbert Road, East Colony, Jamalpur, during his stay from the

month of June, 2013 to July, 2017. The sole respondent was then

transferred to Headquarter Office at Kolkata and was relieved

with effect from 14.07.2017 to join his posting at Kolkata on

17.07.2017 on promotion in JAG on ad hoc basis. The sole

respondent was again transferred from Kolkata to Malda vide

order dated 20.07.2018. In the meantime, the sole respondent

had filed an application for retention of the aforesaid quarter at

Jamalpur on account of education of his daughter as also on the

premise that no other quarter had been allotted to him at the

transferred places, whereupon the Assistant Personnel Officer,

Eastern Railway, Jamalpur vide letter dated 20.10.2017 had

though granted permission to the respondent for retention of the

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said quarter from 15.09.2017 to 31.03.2018 on educational

ground of his daughter, however at double the flat rate of license

fee, whereafter vide order 24.04.2018, the respondent was again

granted permission for retention of the aforesaid quarter on

educational ground for the period 01.4.2018 to 15.4.2019 subject

to payment of special license fee i.e. double of the flat rate/rent.

The sole respondent was again transferred by an order dated

25.01.2019, issued by the Railway Board under the signature of

Director (Establishment), Railway Board from Malda to Rail

Wheel Plant, Bela (Saran). The respondent had in the meantime,

applied for further retention of the Railway Quarter at Jamalpur

but his request was rejected vide letter dated 14.05.2019, issued

by the Assistant Personnel Officer, Eastern Railway, Jamalpur

and the respondent was directed to vacate the railway quarter

immediately, failing which necessary license fee as per Rule

would be charged with effect from 16.04.2019.

3.It is a matter of record that the respondent could not be

relieved in the month of January, 2019 to join his posting at Rail

Wheel Plant, Bela (Saran), however he was finally released from

Malda to join at Rail Wheel Plant, Bela (Saran) vide office order

dated 28.06.2019, whereafter the respondent had reported at Rail

Wheel Plant, Bela (Saran) on 22.07.2019, after availing ten days

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joining time. Thereafter, the Assistant Personnel Officer, Eastern

Railway, Jamalpur vide letter dated 24.08.2019 had requested

the respondent to vacate the railway quarter at Jamalpur, failing

which damage rent would be charged with effect from

16.04.2019 and onwards @ of Rs. 12,280/- per month for the

unauthorized occupation. It appears that the sole respondent had

then filed an appeal, however the same was rejected and the

Workshop Personnel Officer, on behalf of the Chief Works

Manager, Eastern Railway, Jamalpur vide letter dated

07.09.2019 had again requested the sole respondent to vacate the

quarter immediately. The Assistant Personnel Officer, Eastern

Railway, Jamalpur had again, vide letter dated 28.05.2020 asked

the sole respondent to vacate the railway quarter being occupied

by him at Jamalpur by 31.05.2020, failing which action would

be taken as per extant rules, however the respondent did not

vacate the railway quarter, leading to the Assistant Personnel

Officer, Eastern Railway, Jamalpur issuing a letter dt. 24.8.2020,

wherein it has been observed that since the respondent is in

unauthorized occupation of the quarter at Jamalpur, damage rent

has been calculated for the unauthorized period i.e. 16.04.2019

to 31.07.2020 to the tune of Rs. 10,36,143/-. The respondent had

then vacated the aforesaid quarter on 21.08.2020.

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4.At this juncture, it would be relevant to mention here that

the Railway Board by a letter dated 19.05.2020, issued by the

Director, Establishment (Genl.), Railway Board, in view of the

spread of Noble Corona Virus (COVID-19) had suo motu

allowed retention of railway accommodation by officers/staffs

for the period from 17.03.2020 to 30.06.2020 and had also

prescribed that in cases where such allottees have become

unauthorized occupant of government accommodation prior to

17.03.2020, for the said period, damage charges at telescopic

rate would not be levied, nonetheless the same would be

resumed after the retention period upto 30.06.2020 comes to an

end. The Railway Board vide letter dated 01.07.2020 and

31.07.2020 had extended the suo motu retention period up to

15.07.2020 and 31.10.2020 respectively.

5.The respondent had then filed an original application

bearing O.A. No. 050/00335/2020 inter alia praying therein to

quash the order dated 24.08.2020, issued by the Assistant

Personnel Officer, Eastern Railway, Jamalpur, whereby and

whereunder damage rent to the tune of Rs. 10,36,143/- has been

levied for the period 16.04.2019 to 31.07.2020. The respondent

had relied upon Master Circular No. 49 (RBE No. 135/2019)

dated 20.08.2019, RBE No. 38/2020, RBE No. 47/2020 and

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RBE No.61/2020, issued by the Railway Board to contend that

an officer who has been allowed to retain quarter at the previous

place before transfer to Rail Wheel Plant, Bela (Saran) is

permitted to retain quarter till 31.10.2020 and on account of

COVID-19, the Railway Board vide circulars/letters dated

19.05.2020, 01.07.2020 and 31.07.2020 has allowed suo motu

retention of railway quarter for the period up to 31.10.2020,

therefore, since the respondent has vacated the quarter on

31.08.2020, he has not retained the quarter in an unauthorized

manner for even a single day, thus question of levy/recovery of

damage rent does not arise, hence the order dated 24.08.2020,

issued by the Assistant Personnel Officer, Eastern Railway,

Jamalpur, is fit to be set aside.

6.The petitioners herein had filed written statement before

the Ld. CAT in the aforesaid O.A. No. 050/00335/2020 inter

alia contending therein that the respondent was transferred from

Jamalpur to Kolkata in the month of July, 2017, whereafter he

had jointed at Kolkata on 17.07.2017 and then he was transferred

to Malda by an order dated 20.07.2018, nonetheless at the

request of the respondent, he was permitted retention of quarter

firstly from 15.07.2017 to 14.09.2017 at normal rate of license

fee and thereafter, from 15.09.2017 to 31.03.2018 as also from

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01.4.2018 to 15.4.2019 at double the rate of license fee, however

the respondent did not vacate the quarter after 15.04.2019

resulting in several reminders dated 14.05.2019, 24.08.2019,

07.09.2019 and 28.05.2020 having been issued to the respondent

wherein he had been declared to be unauthorizedly occupying

the quarter in question w.e.f. 16.04.2019, hence damage rent has

been levied upon the respondent for the period 16.04.2019 upto

31.07.2020 to the tune of Rs. 10,36,143/- and recovery is being

made in suitable installments, thus there is no illegality in

recovery of the damage rent, as has been directed to be made

vide order dated 24.08.2020.

7.The Ld. CAT after hearing the parties had formulated the

issue involved in the said original application to the effect as to

whether the previous place of posting of the applicant is to be

treated at Jamalpur or Malda. The Ld. CAT, by the impugned

order dated 27.03.2025, taking into account the fact that no

quarter was allotted to the respondent either at Kolkata or Malda

has held that the previous place of posting of the respondent

should be treated as Jamalpur. Thus, considering the fact that the

respondent was allotted quarter at Jamalpur and not at the new

place of posting, the Ld. CAT has held that the previous place of

posting of the respondent would be treated as Jamalpur, hence by

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the impugned order dated 27.03.2025, the Ld. CAT has allowed

the original application filed by the respondent and quashed the

impugned orders dt. 24.8.2020 & 24.8.2019 as also has directed

to refund the amount, if any, recovered from the salary of the

applicant/respondent within a period of 3 months.

8.The Ld. Additional Solicitor General of India, appearing

for the petitioners herein, while assailing the impugned order

dated 27.03.2025 has first referred to the Master Circular No. 49

(updated in August, 2019) with regard to allotment of quarters

and retention thereof on transfer etc., clause 10.3.1(f) as also

10.3.3 whereof are reproduced herein below:-

“10.3.1 Northeast Frontier (NF) Railways:

(f) In the event Railway officer/staff on transfer from one

place to another involving change of residence has been

permitted to retain the Railway accommodation at the

previous place of posting as permissible under the

relevant instructions and during the period of such

authorised retention of Railway accommodation, the

officer/staff is again transferred to N.F. Railway in that

case the place where the employee is in authorised

retention of Railway accommodation in terms of the

permission granted in his/her favour by the competent

authority may be taken as the "previous place of posting"

for the purpose of retention of Railway accommodation

provided that the concerned employee has not been

allotted any regular accommodation at the new place of

posting. These instructions shall also apply to cases

where retention of quarter is/had been permitted under

any other general or specific order of the Ministry of

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Railways.

10.3.3 Rail Wheel Plant (RWP), Bela, Distt-Chhapra,

Saran, Bihar.

In terms of Railway Board's letter No. E(G) 2012 QR 1-

15 dated. 03.12.2012 (RBE No.136/2012) approval of the

Railway Board was conveyed by relaxing the existing

rules/provisions permitting Railway Officers/staff posted

to Rail Wheel Plant (RWP), Bela (Dist-Chhapra, Saran,

Bihar) to retain Railway accommodation at their previous

place of posting on payment of normal rent upto

02.12.2017. The retention period has been extended

beyond 02.12.2017 upto 31.03.2020.”

9.The Ld. Additional Solicitor General for the petitioners

has submitted, by referring to the Master Circular No. 49, that

first of all clause 10.3.1(f) postulates that in case a Railway

Officer/Staff on transfer from one place to another involving

change of residence has been permitted to retain the railway

accommodation at the previous place of posting and during the

period of such authorized retention of railway accommodation,

the said officer/staff is again transferred to N.F. Railway, then in

that case the place where the employee is in authorized retention

of railway accommodation in terms of the permission granted by

the competent authority may be taken as the previous place of

posting for the purpose of retention of railway accommodation,

provided no fresh accommodation has been allotted at the new

place of posting. Thus, it is submitted that firstly, the sole

respondent was not transferred to N.F. Railway, hence the said

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provision would not be applicable to his case and secondly,

while he was transferred to Rail Wheel Plant, Bela (Saran) he

was in unauthorized retention of railway accommodation, hence

the previous place of posting cannot be considered to be

Jamalpur but would definitely be Malda. As regards, clause

10.3.3 of Master Circular No. 49, it is submitted by the Ld.

Additional Solicitor General that the provision contained therein

regarding retention of railway accommodation at the previous

place of posting on payment of normal rent up to 31.03.2020

would be applicable in the case of the respondent with effect

from the date of his joining at Rail Wheel Plant, Bela (Saran) i.e.

22.07.2019, however prior to the joining of the respondent at

Rail Wheel Plant, Bela, the retention of the accommodation by

him at Jamalpur had been declared to be unauthorized, hence

considering the previous place of posting of the petitioner to be

Malda, no relief can be granted since the respondent was not

having any railway accommodation at the said place.

Nonetheless, the Ld. ASG has fairly submitted that for the

COVID-19 period, as per the mandate of the circulars of the

Railway Board dated 19.05.2020, 01.07.2020 and 31.07.2020,

the petitioners are not required to charge penal rent for the

period 17.03.2020 to 31.07.2020, hence correction has been

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made, resulting in reduction of the damage rent from a sum of

Rs. 10,36,143/- to Rs. 6,58,289/-. Thus, it is submitted that the

impugned order dated 27.03.2025 passed by the Ld. CAT is fit to

be set aside.

10.Per contra, the Ld. Counsel appearing for the sole

respondent Sri Munna Prasad Dixit has submitted that the

Master Circular No. 49, especially clause 10.3.1(f) will

definitely be applicable in the case of respondent inasmuch as

vide RBE No. 198 of 2001 dated 04.10.2001, the Railway Board

has clarified that the instructions issued by the Railway Board

will also apply to cases where retention of quarter is/had been

permitted under any other general or specific order of the

Ministry of Railways, including eligible cases of retention of

quarters on transfer to new zones. Thus, it is submitted that since

the respondent was allowed to retain quarter at Jamalpur while

he was transferred to Kolkata and then to Malda, whereafter he

had stood transferred to Rail Wheel Plant, Bela (Saran), the

previous place of posting would definitely be Jamalpur. Hence,

considering clause 10.3.3 of the Master Circular No. 49, the

respondent would be eligible to retain quarter in an authorized

manner since 15.04.2019, the day prior to the date of declaration

of the sole respondent to be in unauthorized occupation of the

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quarter in question i.e. 16.04.2019, inasmuch as the petitioner

was though transferred to Rail Wheel Plant, Bela (Saran) vide

order dated 25.01.2019, however he was relieved only on

28.06.2019, whereafter he had joined Rail Wheel Plant, Bela

(Saran) on 22.07.2019. Thus, it is submitted that there is no

infirmity in the impugned order dated 27.03.2025, treating

Jamalpur to be the previous place of posting and accordingly,

setting aside the orders dated 24.08.2020 and 24.08.2019

respectively, hence no damage rent is required to be recovered

from the sole respondent.

11.We have heard the Ld. Counsel for the parties and find

that the facts of the present case lie in a narrow compass

inasmuch as the sole respondent was allotted quarter at Jamalpur

in the month of April, 2015, whereafter he was relieved with

effect from 14.07.2017 to join his new place of posting at

Kolkata and then he was transferred vide order dated 20.07.2018

to Malda. In the meantime, the respondent had applied for

retention of the railway accommodation at Jamalpur, which was

allowed on the ground of education of his daughter up to

15.04.2019 vide various orders. The respondent was then

transferred from Malda to Rail Wheel Plant, Bela (Saran) vide

order dated 25.01.2019, however he was relieved from Malda

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only on 28.06.2019, whereafter he had joined at Rail Wheel

Plant, Bela (Saran) on 22.07.2019. The respondent had finally

vacated the quarter at Jamalpur on 31.08.2020. We find, upon

taking into account the factual aspect of the matter that the issue

which has arisen for consideration is as to whether the

respondent is liable to pay damage rent for the period 16.04.2019

to 16.03.2020, inasmuch as the petitioners in their second

supplementary affidavit filed in the present case have conceded

to the extent that the respondent is not eligible to be charged at

the penal rate/damage rent for the COVID-19 period i.e.

17.03.2020 to 31.07.2020/31.08.2020 and accordingly a sum of

Rs. 3,77,854/- has been reduced from the damage rent of Rs.

10,36,143/-, hence the respondent is now liable to pay damage

rent only to the tune of Rs. 6,58,289/-. It is not in dispute that the

respondent was allowed retention of quarter for the period

15.07.2017 to 14.09.2017 at normal rate of license fee and for

the period 15.09.2017 to 15.04.2019 at double the flat rate of

license fee, whereafter he had become an unauthorized occupant

of the quarter at Jamalpur with effect from 16.04.2019.

12.We would first advert to the issue raised by the

respondent to the effect that since the respondent had stood

transferred to Rail Wheel Plant, Bela (Saran) vide order dated

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25.01.2019, the effect of the provision contained in clause 10.3.3

of Master Circular No. 49 would come into play and the

respondent would be entitled to retain railway accommodation at

his previous place of posting on payment of normal rent up to

31.03.2020. As far as this aspect of the matter is concerned, we

find that since the respondent was relieved from Malda to join

Rail Wheel Plant, Bela (Saran) only on 28.06.2019, where he

had joined on 22.07.2019, the relief whatsoever emanating out of

clause 10.3.3 of Master Circular No. 49 would be available to

the respondent only with effect from the date of his reliving/

joining at Rail Wheel Plant, Bela (Saran), i.e. 28.06.2019/

22.07.2019.

13.Now, coming to the issue raised by the Ld. ASG to the

effect that the Ld. CAT, in the impugned order dated 27.03.2025

has committed a grave error by treating the previous place of

posting of the respondent to be not Malda, not Kolkata but

Jamalpur, by relying on clause 10.3.1(f) of the Master Circular

No. 49, we are of the view that firstly the said clause would be

applicable in cases where the second transfer of any officer/staff

is made to N.F. Railway, however in the present case the transfer

of the sole respondent has not been made to N.F. Railway. Even

if RBE No. 198/2001 dated 04.10.2001 is considered, reliance

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whereof has been made by the Ld. Counsel for the respondent,

we find that the same speaks of applicability of the instructions

in eligible cases of retention of quarters on transfer to new zones.

However, we find that in the present case, while the respondent

was transferred from Jamalpur to Kolkata to Malda, the zone had

remained the same, hence considering the fact that retention of

quarter was allowed to the respondent at Jamalpur while he was

transferred to Kolkata/Malda, which do not fall under a new

zone, the said circular dated 04.10.2001 would not be applicable.

Thus, for the purposes of applicability of clause 10.3.1 of Master

Circular No. 49, the respondent was required to be transferred to

N.F. Railway from Kolkata, however instead he was transferred

to Malda, which also lies in the same zone, thus in the case of

the sole respondent the previous place of posting for the purpose

of retention of railway accommodation would not be Jamalpur

but Malda, especially in view of the fact that even if clause

10.3.1(f) of Master Circular No. 49 is taken into account, the

same talks of authorized retention of railway accommodation,

however on the day on which the sole respondent was relieved

from Malda to join Rail Wheel Plant, Bela (Saran) i.e.

28.06.2019, he was an unauthorized occupant of the railway

accommodation at Jamalpur, hence the previous place of posting

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would definitely be not Jamalpur but Malda.

14.Nonetheless, we find that the respondent was relieved

from Malda to join at Rail Wheel Plant, Bela (Saran) on

28.06.2019, where he had joined on 22.07.2019, thus as per

clause 10.3.3 of Master Circular No. 49, since the Railways

Officers/ Staffs posted at Rail Wheel Plant, Bela (Saran) have

been permitted to retain railway accommodation at their

previous place of posting on payment of normal rent up to

31.10.2020, it would be in the interest of justice and equitable to

direct the petitioners not to charge damage rent for the period

28.06.2019 to 16.03.2020 and instead charge penal rent at

double the flat rate of license fee, especially in view of the fact

that the respondent is to superannuate on 31.03.2026 and if

sizable amount of recovery is made, the same would entail

grave hardship to him, however as regards the period 16.4.2019

to 27.06.2019, for which the petitioners have charged damage

rent, no interference is warranted. Accordingly, the aforesaid

amount of penal/damage rent be re-calculated within a period of

one week from today.

15.Having regard to the facts and circumstances of the case

and for the foregoing reasons, the impugned order dated

27.03.2025, passed by the Ld. CAT in O.A. No. 050/00335/2020

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is modified to the aforesaid extent. Consequently, the petitioners

are directed not to charge damage rent for the period 28.06.2019

to 16.03.2020 and instead charge penal rent at double the flat

rate of license fee, however as far as the period 16.4.2019 to

27.06.2019 is concerned, the damage rent levied by the

petitioners does not suffer from any infirmity.

16.It is needless to state that the present judgment is being

passed in the peculiar facts and circumstances of the instant case

and shall not be treated as a precedent. The writ petition stands

disposed off on the aforesaid terms.

S.Sb/-

(Mohit Kumar Shah, J)

(Arun Kumar Jha, J)

AFR/NAFR NAFR

CAV DATE 17.03.2026

Uploading Date 31.03.2026

Transmission Date N/A