IndiaversusAmol Kumar Singh

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No. 13085 of 2025
  ======================================================
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
  ======================================================
  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.
  ======================================================
  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.


                                              (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)

S.Sb/-
AFR/NAFR                NAFR
CAV DATE                17.03.2026
Uploading Date          31.03.2026
Transmission Date       N/A