S.K. Dhaon, V.C. - (1.) The following question has been referred by two learned members of the Tribunal Hon'ble Mr. S. Das Gupta and Hon'ble Mr. T.N. Verma;:- "Whether the provisions of Paragraph 1711 (b)(5) of the Indian Railway Establishment Manual Valume II are applicable to the retired Railway servants also."
(2.) Shri Sobran Singh, the applicant while in service, had been allotted a railway quarter. On attaining the age of superannuation, he on 29-2-1988, retired as a Driver Grade "A". He was permitted to retain the quarter till 31-10-1988 On 26-12-1990 he vacated the same. A sum of Rs. 35,945/- was deducted from the amount payable to him towards OCR Gratuity on the ground that he was liable to pay damages at the market rate for the use and occupation of the said accommodation after 31-10-1988. He was also refused the facility of complementary passes He, therefore, approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985 and prayed from the principal relief that the respondents may be directed to refund to him the entire amount as deducted minus the amount payable by him as normal rent at the rate of Rs. 55/- per month plus the electricity and other charges which may be found payable by him.
(3.) We may read paragraph 1711 as a whole end, therefore, we may extract the same:- "1711. Recovery of rent.-(a) The rent charged to a railway servant in respect of quarters supplied should not exceed 10 per cent of his/her monthly emoluments irrespective of the scales of pay allotted. (b) Notwithstanding anything contained in sub-paragraph (a). Railway Administration may, by general or special order, provide for charging a rent In excess of 10%, of the emoluments from a railway servant- (i) who, is not recruited or permitted to reside on duty at the station at which the residence is supplied to him, or (ii) who, at his own request, is supplied with accommodation which exceeds that which is appropriate to his status, or (iii) who is permitted to sublet the residence supplied to him, or (iv) who sublets without permission the residence supplied to him, or (v) who does not vacate the residence after the cancellation of the allotment. Note-Rent will be recovered from such railway servants who sublet their quarters without permission of the competent authority at the rate of 71/2 per cent of the total outlay of the quarter including the cost of land".;