IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP (CAT).No. 590 of 2010(S)
1. UNION OF INDIA REPRESENTED BY
... Petitioner
2. DIVISIONAL RAILWAY MANAGER,
3. SENIOR DIVISIONAL MECHANICAL ENGINEER,
4. ESTATE OFFICER & DIVISIONAL
5. SENIOR DIVISIONAL PERSONNEL OFFICER,
Vs
1. M.MARIAPPAN, S/O. MOOKAN,
... Respondent
For Petitioner :SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWA
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :08/11/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
BHABANI PRASAD RAY, JJ.
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O.P. (CAT) No. 590 of 2010
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Dated this the 8th day of November, 2010
JUDGMENT
Ramachandran Nair, J.
O.P. is filed challenging the order of the Central Administrative
Tribunal directing the railways to refund penal rent collected from the
respondent. We have heard standing counsel appearing for the
petitioners, and have gone through the impugned order of the Tribunal.
Respondent was removed from service by the railways and thereafter
his occupancy of the quarters was treated as irregular and he was asked
to pay penal rates. However, his dismissal later got modified leading to
restoration of the respondent in service. However, railways did not
refund the penal rent collected from the respondent’s salary for the
period his occupancy was treated as irregular after removal from
service. The Tribunal found that once respondent was restored in
service, he was entitled to continue in quarters and there was no
justification to demand any penal charges. We are in complete
agreement with the view of the Tribunal. In our view, O.P. is a
OP(CAT) 590/2010 2
completely unnecessary litigation. Consequently the same is
dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(BHABANI PRASAD RAY)
Judge.
kk OP(CAT) 590/2010 3