Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 1417 (SC)

RADHA BALLABH v. UNION OF INDIA

2005-09-05

K.G.BALAKRISHNAN, P.P.NAOLEKAR

body2005
ORDER 1. Heard the petitioner in person and learned Additional Solicitor General for the respondent Union of India. The petitioner, while he was an employee of the Railways, was in un-authorised occupation of the railway quarters from 10-4-1964. Despite direction by the authorities, he refused to vacate the quarters. He later retired from service on 31-12-2004. He was entitled to get retirement benefits of Rs 4 lakhs but the authorities have made a deduction of Rs 3,20,539 and the above matter is challenged before us. Pursuant to our direction, the learned Additional Solicitor General has filed a statement which shows that a sum of Rs 29,705 towards electric charges, a sum of Rs 12,169 towards normal rent, a sum of Rs 6705 towards other charges and a sum of Rs 4170 paid as HRA, which was wrongly given to the petitioner despite occupying the railway quarters, are due from him. All these amounts are to be recovered from the petitioner from the amount due to him. As the petitioner was in unauthorised occupation of the quarters despite repeated requests, he shall pay a sum of Rs 12,169 as rent in addition to the amount of Rs 12,169 which is due from him towards normal rent, however, the damage rent indicated in the statement may not be recovered. The respondent Union of India shall make payment of the outstanding amount due to him as retirement benefits, after adjusting the amount which he owes to the Railways as indicated above. 2. The writ petition is disposed of accordingly.