Central Administrative Tribunal - Cuttack
Bibhuti Bhusan Panda vs Posts on 12 July, 2022
1 O.A.Nos. 260/00321 of 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.Nos. 260/00321 of 2021
Reserved on 23.06.2022 Pronounced on 12.07.2022
CORAM:
THE HON'BLE MR. SWARUP KUMAR MISHRA, MEMBER (J)
Bibhuti Bhusan Panda, aged about 32 years, S/o- Benudhar
Panda,At present working as Sub-Post Master In-
Charge,Gallery, Post/P.S.- Gallery, Dist.- Ganjam-761141.
..... Applicant
For the Applicant : Mr. L.Jena, Counsel
-Versus-
1. Union of India, represented throughDirector General of
Posts, Dak Bhawan,Sansad Marg, New Delhi-110001.
2. Chief Post Master General, Odisha Circle,
Bhubaneswar,Khurda-751001.
3. Post Master General, Berhampur Region,
Berhampur,Dist.- Ganjam 760001.
4. Superintendent of Post Offices, Aska Division,
Aska,Dist-Ganjam-761110.
5. Post Master, Bhanja Nagar Head Office, Bhanja Nagar,
Ganjam - 761126.
..... Respondents
For the Respondents: Mr. G.R.Verma, Counsel
2 O.A.Nos. 260/00321 of 2021
ORDER
Swarup Kumar Mishra, Member (J):
Briefly stated, the case of the applicant is that while working as P.A. at Bhanjanagar HO, he went on deputation to Kullada S.O. as per the order of Respondent No.4 for a period 15.02.2020 to 27.07.2020. On 29.07.2020, applicant submitted his T.A. bill for Rs. 82,027/- (Annexure-A/2) with applicable Daily Allowance @ Rs. 500/- per day for the said period of deputation taking into account the distance between Bhanjanagar Head Post Office to Kullada Sub Post Office as 9 Kms as per road mileage. On 07.08.2020, a sum of Rs. 33/- was credited in his SB Account with the description "Departmental Claim". The applicant preferred representation on 11.08.2020 for sanction and disbursement of actual TA/DA. Applicant further informed that Transport Allowance including the Dearness Allowance on Transport Allowance @ Rs. 2106/- per month (total of Rs. 8424/-) was deducted from his salary for the month from March, 2020 to June, 2020, i.e. during the deputation period of 164 days to Kullada, since the applicant was about to get the TA/DA claim for deputation. However, his claim has been rejected by the respondents vide Annexure-A/4 and A/7 on the ground that since the distance from Bhanjanagar to Kullada does not exceed 8 Kms, he is not eligible to get Daily Allowance for the period of his deputation.
3 O.A.Nos. 260/00321 of 2021
2. Ld. Counsel for the applicant fairly submitted that as per Supplementary Rules- 71, Daily Allowance may not be drawn for any day on which a Government servant does not reach a point outside a radius of 8 Kms from the duty point at his headquarters or return to it from a similar point. However, he submitted that since the Register of Lines and Stages of Mail Lines of Bhanja Nagar Sub-Division, issued by Superintendent of Post Offices Aska Division, Aska on 25.08.2014 (Annexure-A/8)clearly prescribed the distance from Bhanja Nagar Head Post Office toKullada Sub- Office as 9 Kms, he is very much entitled to the TA claim. He further submits that search from Google also establishes that the shortest available bus route from Bhanjanagar Head Post Office to Kullada Sub-Office is above 8 Kms (Annexure-A/9). Hence, he has filed the present O.A. inter alia praying the following reliefs:
"i. This Hon'ble Tribunal be pleased to quash the impugned communications Dt.14.08.2020 under annexure-A/4 and Dt.30.04.2021 under annexure-A/7 passed by Superintendent of Post Offices, ASKA Division, ASKA be set aside.
ii. This Hon'ble Tribunal be pleased to direct the Respondents to sanction and disburse the Travelling Allowance bill available under annexure-A/2 with an interest @10% on Travelling allowance from the date his entitlement till the payment is made.
iii. Any other relief/reliefs be passed in favour of the applicant as thisHon'ble Tribunal deems fit and proper."4 O.A.Nos. 260/00321 of 2021
3. Respondents have filed their counter opposing the prayer of the applicant. The main thrust of their argument is that since the distance between the Bhanjanagar Head Post Office and Kullada Sub-Office does not exceed 8 Kms, as per SR 71, the applicant is not entitled for the Daily Allowance, which has rightly been denied to him while sanctioning Rs. 33/- towards bus fare/road mileage. Representation of the applicant was considered by the authorities and result thereof in negative was duly communicated to him vide order dated 14.08.2020 (A/4) and subsequently vide letter dated 30.04.2021 (A/7). Ld. Counsel for the respondents submitted that the deducted amount of Rs. 8424/- was refunded (check) to him along with his salary of August, 2020. Respondents have submitted that although as per the "Register of Lines and Stages" the "distance between Kullada and Bhanjanagar is 9 Kms" but the Google map shows the distance as 7.6 kms and, after physical verification, the Register of Lines and Stages has been amended as 8 Kms. Accordingly, respondents prays for dismissal of this O.A.
4. Applicant has filed rejoinder more or less reiterating the stand in the O.A. which would be taken into considering while dealing with the arguments.
5. Ld. Counsel for the applicant submitted that denial of the TA/DA claim, on the ground that the distance from Bhanjanagar to Kullada is less than 8 Kms, is based on no evidence but on conjectures and surmises and 5 O.A.Nos. 260/00321 of 2021 against the Register of Lines and Stages of Mail Lines of Bhanjanagar Sub Division issued by the respondents vide Annexure-A/8 dated 25.08.2014, corrected upto 20.08.2014. According to him, if at all it was determined by the respondents that as per the Google map the distance from Bhanjanagar Head Post Office to Kullada Sub-Office is less than 8 Kms. it is not understood as to why the Annexure-A/8 was not amended earlier. Therefore, the respondents are estopped to veer round from what has been stated in the chart under Annexure-A/8 so as to deny the benefit, which the applicant is otherwise entitled to under rules. Hence, he has reiterated his prayer made in the O.A.
6. On the other hand, Ld. Counsel for the respondents reiterating the stand taken in the counter has submitted that when Google map shows that the distance from Bhanjanagar Head Post Office to Kullada Sub-Office is less than 8 Kms., the denial of the claim of the applicant is well justified and the applicant cannot claim the benefit based on Annexure-A/8, which has been amended subsequently after physical verification, when the distance shown therein is contrary to what has been shown in the Google map. Accordingly, respondents counsel prayed for dismissal of this O.A.
7. Considered the rival submissions of the parties and perused the materials on record.
8. As it appears that this case falls within a short compass. It is to be decided as to whether the claim of the applicant is based on evidence. 6 O.A.Nos. 260/00321 of 2021 Admittedly, the period of deputation of the applicant was from 15.02.2020 to 27.07.2020 and that the applicant as per the rules was entitled to TA/DA, in question, which has been denied on the ground that the distance between the two stations falls less than 8 Kms. It is seen from Annexure- A/8 that the distance between Bhanjanagar Head Post Office to Kullada Sub-Office is 9 Kms. According to the respondents (para 4.7 of the counter), based on the Google Map/Information and physical verification the distance from Bhanjanagar Head Post Office to Kullada Sub-Office is 8 Kms and the Register of Lines and Stages has been amended as 8 Kms but the date, month and year, when such amendment was done is conspicuously silent in the pleadings. This Tribunal is not competent to decide the distance between one place to the other but certainly judicial intervention is warranted in the decision making process of the matter. Even if, the amendment to Annexure-A/8 was done, this cannot take effect from a retrospective date more so if it has been amended during pendency of the O.A. or after the claim made by the applicant. Since, the pleadings and order of rejection is silent with regard to the date of amendment of Annexure- A/8, the stand of the respondents justifying denial in the counter by stating that Annexure-A/8 is amended is vague and cannot be accepted. Further, the distance shown in the Google map provided by the respondents is also not point to point, i.e. from Bhanjanagar Head Post Office to Kullada Sub- Office, and it is the fastest route simply showing a distance from Kulada, 7 O.A.Nos. 260/00321 of 2021 Odisha to Bhanjanagar, Odisha. Hence, according to this Tribunal, the impugned order of rejections dt. 14.08.2020 under Annexure-A/4 and dt. 30.04.2021 under Annexure-A/7 are liable to be quashed and the same are quashed. Accordingly, the respondents are directed to reprocess the claim of the applicant and grant/sanction his TA/DA claim, in question, within a period of 60 days from the date of receipt of a copy of this order.
9. With the aforesaid observations and directions, the O.A. stands allowed leaving the parties to bear their own costs.
(SWARUP KUMAR MISHRA) Member (Judicial) RK/PS