Central Administrative Tribunal - Chandigarh
Gurcharan Dass Bansal Son Of Shri Sadhu ... vs Union Of India on 31 March, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH .............
Dated: 31st March, 2010
O.A.NO.242/HR/2010
CORAM: Hon'ble Mrs. Shyama Dogra, Member (J). Hon'ble Mrs. Promilla Issar, Member (A).
Gurcharan Dass Bansal son of shri Sadhu Ram Bansal, aged 62 years, Sorting Assistant (Retired), resident of Village and Post Office Nahoni, District Ambala.
Applicant
Versus
1. Union of India, Ministry of Communications & Information Technology through Secretary-cum-Director General, Department of Posts, Dak Bhawan, New Delhi-110001.
2. Chief Post Master General, Haryana Circle, Ambala-133001.
3. Shri Sia Ram, Superintendent RMS, Haryana Division, Ambala.
4. Shri D.P. Sangi, Inspector RMS through Superintendent, RMS, Haryana Division, Ambala.
................Respondents
Present: Manohar Lal, counsel for the applicant. None for the respondents.
O R D E R
By Hon'ble Ms. Shyama Dogra, Member (J):-
In this O.A., the applicant has challenged the impugned order dated 24.8.2009 (Annexure A-1) and order dated 9.2.2009(Annexure A-2) whereby his T.A. claim after his retirement has been rejected by the concerned authority. He has also prayed that the respondents may be directed to clear his T.A. claim along with 12% interest from the date of its presentation till the date of actual payment.
The case as projected by the applicant is that he retired on superannuation on 30.6.2008 as Sorting Assistant from Haryana Division, Ambala and after his retirement, he settled in his village Nahoni, District Ambala. He has submitted his T.A. claim for his journey from his last place of posting to his native village, keeping in view that the distance from his place of posting to his native village is more than 20 KMs. However, his claim has been rejected by the respondents without assigning any reasons and thereafter his appeal against that order has also been rejected by the Chief Post Master General, Haryana Circle, Ambala on fake inquiry report made against him, wherein it has been observed that applicant is not living in his native village Nahoni.
Applicant submits that this inquiry report is factually incorrect as he has submitted various proofs of his residing at his native village, like ration card of the village, certificate by the surpanch and his surrendering the medical card of the departmental dispensary at the place of his last posting at Ambala, therefore, he is entitled to get benefits of TA as provided under the Rules.
After hearing learned counsel for the applicant and perusal of the documents placed on record, we are of the view that the applicant has failed to make out any case in his favour even for issuing notice to the respondents. As per the inquiry report, the applicant has not been residing in his native village. This fact is further fortified by the statement recorded by the concerned authority, whereby it has been mentioned that the applicants house has three rooms and one room is in good condition which has been given on rent to Sh. Ram Chander and the other two rooms are not in good condition because of leakage and are not in a habitable condition. It has also been mentioned in the statement that the applicant had left his native village for these reasons many years back and therefore, the statement of the surpanch cannot be relied upon. Hence, the report of the inspector is to the effect that the claim of the applicant is totally false and the TA claim is not genuine. We have also perused the relevant statements placed on record by the applicant himself vide annexure A-5(i & ii) which clearly falsify the claim of the applicant.
After perusal of the T.A. Rules on the subject it is clear beyond doubt that the concession of T.A. claim can be availed of by a govt. servant within one year of his retirement but it is in the competence of the authority concerned to satisfy himself with regard to the fact of his actually having performed the journey or having shifted to some other place. The relevant para 5 of these Rules is quoted below:
5. Before reimbursing the Travelling Allowance admissible under these orders, the countersigning authorities should satisfy themselves, as far as possible, that the claimant and members of his family actually performed the journey to the home town or to the other place to which he might have proceeded to settle there, e.g. by requiring the production of original railway vouchers relating to transportation of personal effects, conveyance, etc. As we have seen in the present case, a thorough inquiry has been made by the respondents, whereby it has been substantially proved that the applicant is not actually residing in his native village and even after his retirement he has taken some house on rent in Ambala. Therefore, keeping in view, that it is within the domain and competence of the concerned authority to allow such T.A. claim, Court cannot interfere or reverse the findings of the inspector as placed on record and therefore, we are not inclined to proceed further and this O.A. being found to be devoid of merits, is dismissed and disposed of at the admission stage with no orders as to costs.
(PROMILLA ISSAR) (SHYAMA DOGRA) MEMBER (A) MEMBER (J) Place: Chandigarh. Dated: 31.3.2010. KR* 8 4 O.A. No. 242/HR/2010 O.A. No. 242/HR/2010