THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO W.P.No.29364 of 2011 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed aggrieved by the order, dated 11-07-2011, passed in O.A.No.899 of 2010 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short “the Tribunal”), wherein the said O.A. filed by the 1st respondent herein, questioning the order, dated 30-06-2010, passed by the 3rd petitioner herein, ordering for recovery of Rs.76,632/- towards damaged rent, was allowed. The undisputed facts are that the 1st respondent while working as a Goods Clerk at Visakhapatnam, he was allotted Railway Quarter No.482/B in Wireless Colony, Visakhapatnam in the year 1992. He was transferred to Jeypore in Orissa on 22-08-2008. On his transfer, the 1st respondent made an application on 29-09-2008 to the 3rd petitioner herein requesting to allow him to retain the said quarter at Visakhapatnam on payment of normal rent till the end of 2008-09, as his daughter was studying IV Class in St.Joseph’s Girls’ High School, Waltair. On the said application, the 3rd petitioner herein vide order, dated 15-10-2008, permitted the 1st respondent to retain the quarter from 22-10-2008 to 31-03-2009 on payment of Special License fee. Thereafter, the 1st respondent made another representation, dated 21- 03-2009 to the 3rd petitioner herein requesting to allow him to retain the said quarter for a period of two months and that request was considered by the 3rd petitioner herein vide proceedings, dated 28-04- 2009. The 1st respondent herein made another representation, dated 10-05-2010 stating that he has been retransferred to Visakhapatnam on 30-04-2010 and regularize the said quarter on normal rent basis with effect from 30-04-2010. Pursuant to the said representation, the 3rd petitioner passed an order, dated 30-06-2010, allotting the said quarter with effect from 01-06-2010 on normal rent basis and ordering for recovery of a sum of Rs.76,632/- towards damaged rent. Questioning the said order, the 1st respondent herein filed the said O.A. It is the case of the petitioners before the Tribunal as well as before this Court that as per Clause (1) (a) of the Instructions, dated 01-06-2001, the petitioners are entitled to charge damaged rent. Clause (1) (a) reads as follows:- “A Railway employee on transfer from one station to another which necessitates change of residence, may be permitted to retain the Railway accommodation at the former station of posting for a period of two months on payment of normal rent or single flat rate of licence fee. On request by the employee, on educational or sickness account, the period of retention of Railway accommodation may be extended for a further period of six months on payment of special licence fee, i.e., double the flat rate of licence fee/rent. Further extension beyond the aforesaid period may be granted on educational ground only, to cover the academic session in which he/she was transferred on payment of special licence fee. Beyond the permitted/permissible limits, however, no further extension will be allowed on any ground whatsoever. Therefore, no request or representation on this score shall be entertained. For all occupations beyond the permitted period, immediate action should be taken to cancel the allotment, declare the occupation as unauthorized and initiate eviction proceedings, charging damage rent for the over-stay.” As per the aforesaid Clause, no doubt, the 1st respondent is not entitled for further extension of quarter. However, for all occupations beyond the permitted period, immediate action should be taken to cancel the allotment declaring the occupation as unauthorized and initiate eviction proceedings, charging damaged rent for the over-stay. Admittedly, in the instant case, the petitioners have not issued any notice to the 1st respondent and no action has been initiated for cancellation of allotment of quarter and, therefore, the order, dated 30- 06-2010, passed by the 3rd petitioner herein is in violation of principles of natural justice and the Tribunal had rightly set aside the order, dated 30-06-2010, insofar as ordering for recovery of Rs.76,632/- towards damaged rent is concerned. However, it is always open for the railway authorities to follow the principles of natural justice by initiating appropriate action for eviction of unauthorized occupants, so as to enable them to recover damaged rent in respect of future cases. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date: 03-11-2011 Prv