Rule 16 Applies for Gratuity Deduction on Over-Retention | HC

Case Details: Smt. D. Bhagya Laxmi vs. Union of India [2025] 181 taxmann.com 329 (HC - Calcutta)

Judiciary and Counsel Details

• Sujoy Paul, ACJ.
•  Partha Sarathi Sen, J.
• Ujjal Ray, Arpa Chakraborty & Binit Kumar, Advs. for the Petitioner.
• Ram Chandra Agarwal, Adv. for the Respondent.

Facts of the Case

In the instant case, the petitioner was the widow of a deceased railway employee who died while in occupation of a Type IV government quarter. The petitioner did not vacate railway accommodation within the permissible period and, therefore, the department adjusted about Rs. 10 lakhs from Death-cum-Retirement Gratuity on account of overstay.

The petitioner challenged the said recovery before the Tribunal, which was rejected. Thereafter, an appeal was made before the High Court.
It was noted that Rule 16 of the Railway Services (Pension) Rules, 1993, is clearly applicable for the purpose of deduction of the amount of gratuity because of over retention of government accommodation.

Further, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, a proceeding which was initiated by the department, was only in relation to the eviction of an unauthorised occupant/petitioner, and when the petitioner received notice, she vacated the accommodation and thus, the proceeding became infructuous and was not required to be taken to its logical end.

High Court Held

The High Court held that the petitioner had not raised any ‘dispute’ about the quantification of amount of penal rent and, therefore, quantification of the amount did not fall within the ambit of ‘dispute’ as per clause (e) of sub-rule 8 of Rule 16 and the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, was not attracted. Therefore, the Railway Administration had rightly deducted the amount from the gratuity of the deceased railway employee’s widow.

List of Cases Reviewed

• Order of Central Administrative Tribunal in O.A. No.350/2089/2021, dated 31.08.2023 (para 14) affirmed
• Union of India v. Gurtiboina appaia V. G. Shankar [W.P.C.T. No.140 of 2019, dated 17-11-2021] (para 12) distinguished

List of Cases Referred to

• Union of India v. Gurtiboina appaia V. G. Shankar [W.P.C.T. No.140 of 2019, dated 17-11-2021] (para 4)
• Secretary, ONGC Ltd. v. V. U. Warrier (2005) 5 SCC 245 (para 5).