IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.656 of 2008 THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR. …………… Petitioner Versus 1. BARMESHWAR TIWARY, SON OF LATE SRI KANT TIWARI (RETIRED SHUNTER), RESIDENT OF: QUARTER NO. 440a JHAJHA, DISTRICT- JAMUI. 2. THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR. 3. THE DIVISIONAL MANAGER, EAST CENTRAL RAILWAY, DANAPUR, PATNA. 4. THE SECTION ENGINEER (WORKS), EAST CENTRAL RAILWAY, JHAJHA. 5. CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH PATNA, THROUGH THE REGISTRAR, CAT, PATNA. …………… Respondents ----------- 5 28.01.2010 The Union of India has filed this application for recall and/or modification of the order dated 30.10.2007, passed in C.W.J.C. No. 12061 of 2006, for non-compliance of which the writ petition stood dismissed. 2. We have perused the materials on record, and considered the submissions of learned counsel for the parties. It appears to us on a perusal of the order impugned in the writ proceedings that the Tribunal has held that the heirs of the deceased employee are liable to pay house rent for occupation of the government accommodation beyond the period of entitlement at the normal rent, rather than penal rent. It is further relevant to state that the employee superannuated from service in the year 1990, and, therefore, the dues have to be recovered from his post-retiral benefit. Not for a moment do we would suggest that 2 the learned Tribunal has necessarily passed a correct order, but we do state that the stakes of the Union of India are inconsequential and is, therefore, not a fit matter to have been brought to the High Court Added to the is the burden of this restoration application. 3. This application is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )