Central Administrative Tribunal - Ernakulam
Jayachandran K vs Employees Provident Fund Organization on 25 October, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 180/00807/2014
Tuesday, this the 25th day of October, 2016
CORAM:
Hon'ble Mr. U. Sarathchandran, Judicial Member
1. Jayachandran K., aged 58 years, S/o. Late Krishnan
Nair, Section Supervisor, EPF Organization, Sub
Regional Office, Ernhipalam, Kozhikode - 670 006,
residing at Sreelakshmi, Mokavoor Road, Karuvassery PO,
Kozhikode - 673 010.
2. Padmanabhan K;, aged 54 years, S/o. Late K. Gopalan
Nair, Senior Social Security Assistant (TBP), EPF Organization,
Sub Regional Office, Eranhipalam, Kozhikode - 670 006,
residing at Padmasree, PO Koothaly, Kozhikode - 673 532.
3. Balakrishnan K.P., aged 52 years, S/o. Late Narayanan Nair,
Senior Social Security Assistant (TBP), EPF Organization,
Sub Regional Office, Eranhipalam, Kozhikode - 670 006,
residing at Padinjare Kottayil, PO Vengeri,
Kozhikode - 673 010. ... Applicants
(By Advocate : Mr. P. Ramakrishnan)
Versus
1. Employees Provident Fund Organization,
Bhavishyanidhi Bhavan, 14 - Bhikaji Cama Place,
New Delhi - 110 065, represented by Central Provident
Fund Commissioner.
2. The Assistant Provident Fund Commissioner (TN & MR),
Employees Provident Fund Organization, Zonal Office,
37, Royapettah High Road, Chennai - 600 014.
3. Regional Provident Fund Commissioner - 1, Employees
Provident Fund Organization, Sub Regional Office,
Bhavishyanidhi Bhavan, Thiruvananthapuram - 695 001.
4. Regional Provident Fund Commissioner, Employees Provident
Fund Organization, Sub Regional Office, Bhavishyanidhi Bhavan,
Eranhipalam PO, Kozhikode-673 006. . . . Respondents
(By Advocates : Mr. N.N. Sugunapalan, Sr.
Mr. S. Sujin)
This application having been heard on 17.10.2016, the Tribunal on
25.10.2016 delivered the following:
ORDER
Hon'ble Mr. U. Sarathchandran, Judicial Member -
Applicants have approached this Tribunal being aggrieved by the order of the respondents to refund the amounts in lumpsum of the LTC advance received by the applicants for the reason that while availing of the LTC facility they travelled in a private airline to Bagdogra on the way to Gangtok - their final destination. Applicants state that as per Annexure A9 OM issued by the Department of Personnel & Training, Government of India the CCS (LTC) Rules have been relaxed permitting the Government servant to travel by air to north eastern region (NER).
2. During the hearing of this OA the learned counsel for the applicants referred to OM No. 31011/2/2006-Estt.(A), dated 24.4.2006 issued by the DOP&T which allows journey by private airline, subject to the conditions laid down in the Department of Expenditure OM No. 19024/1/E.IV/2005, dated 24.3.2006. A copy of the clarification contained in the aforesaid OM issued by DOP&T has been reproduced in Swamy's CCS (Leave Travel Concession) Rules (Annexure A20). Therefore, it appears to this Tribunal that the impugned Annexures A7, A15 to A18 require to be set aside and since the journey performed by the applicants was to the north eastern region, they are entitled to get the reimbursement of the amounts spent by them for travelling by private airliner in the light of Annexure A9 as it stands extended from time to time. This Tribunal does so.
3. Accordingly, the respondents are directed to re-calculate the LTC allowable to the applicants in respect of the journey performed by them as mentioned in this OA in the light of Annexure A9 order as it stands extended from time to time.
4. OA is disposed of accordingly. No order as to costs.
(U. SARATHCHANDRAN) JUDICIAL MEMBER b� SAb�