Central Administrative Tribunal - Delhi
Vijay Kumar vs Department Of Education on 1 May, 2024
1
OA 409/2022
Item No.51/C-5
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 409/2022
This the 1st day of May, 2024
Hon'ble Dr. Anand S. Khati, Member (A)
Vijay Kumar
Aged about 57 years
S/o Sh. Jug Lal,
R/o F-227, Near Kali Mandir,
Lado Sarai, South Delhi, Delhi - 110030
... Applicant
(By Advocate : Ms. Shilpa Liza George)
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Department of Training & Technical Education,
Muni Maya Ram Marg, Pitampura, Delhi
2. Jija Bai Industrial Training Institute for women
Through Director
August Kranti Marg, Siri Fort Institutional Area,
Siri Fort, New Delhi - 110049
3. Union of India, Through Secretary,
Ministry of Personnel, Public Grievances and
Pensions
Department of Personnel and Training
North Block, New Delhi - 110001
... Respondents
(By Advocate : Mr. Sameer Sharma)
2
OA 409/2022
Item No.51/C-5
O R D E R (ORAL)
The applicant, who is working with the respondents, availed Leave Travel Concession (LTC) for the block year 2014-17 and has executed journey with his wife and children. The applicant booked his tickets to fly by Air India and have travelled on the dates from 29.09.2014 to 04.10.2014. The tickets were purchased via the portal Yatra Online (yatra.com). On his return, the applicant submitted all the required documents for claiming LTC for his wife, two sons and himself as per the LTC Rules and was granted Rs. 78,659/- (Rs. 55,544/- for the four tickets plus Rs. 23,115 as leave encashment). This was the actual amount paid and no service charges were applicable to be paid by the applicant. However, on a later date, an internal audit vide a audit report 2014-18 was of the opinion that since the tickets were booked via Yatra Online, an agency which was other than the authorised travel agencies. Vide OM No. 31011/4/2014-Estt (A-IV) dated 19.06.2014, the respondents denied the claim of LTC to the applicant since booking of tickets through any other agency is not permissible. Therefore, the said amount Rs. 78,659/- was recovered from the applicant immediately. The applicant preferred a representation on 22.01.2019 seeking 3 OA 409/2022 Item No.51/C-5 relaxation of booking of air tickets as he kept in mind the guidelines on air travel issued by Ministry of Finance and bought tickets from the website of the airline Air India only except that it was through the portal of Yatra Online Pvt Ltd, which was an authorised agent of Air India, but of no avail.
2. The reliefs sought by the applicant are as follows:-
"(i) Direct the respondent to quash and set aside the recovery order dated 10.04.2019 of the amount of Rs 78,659/- that was paid to the applicant as LTC and Leave Encashment.
(ii) Direct the respondent to follow the procedure laid down with respect to sending the proposal to the Department of Personnel and Training in the prescribed format, for relaxation of the rules for booking of air tickets through unauthorised travel agents.
(iii) Direct the respondent to consider the case of the applicant and relax the rules with respect to LTC and leave encashment.
(iv) Pass any other order/direction that this Hon'ble Tribunal deems fit in the interest of justice."
3. During the course of the argument, learned counsel for the applicant has drawn my attention towards the tickets purchased by the applicant for himself and his family, boarding passes of journey, establishing that the applicant has undertaken to and fro journey, as stated in the OA and the fares are applicable as per Air India LTC 80 4 OA 409/2022 Item No.51/C-5 Fare List of 2014 to establish that the applicant has claimed Rs. 13,886 per head approximately instead of LTC Fare listed by the Air India amounting to around Rs. 16,000.
4. Learned counsel for the applicant, in support of her case, has also drawn my attention towards the order of this Tribunal passed in OA No. 152/2019 pronounced on 16.01.2024, wherein the OA was allowed and impugned show cause notice was quashed and the respondents were directed to re-consider the LTC claim of the applicant subject to production of all the requisite proof of their travel, such as Boarding Passes etc. They were further directed to refund the amount recovered from the applicants and also pay the balance amount of LTC claim to them within six weeks from the date of receipt of the Order.
5. Learned counsel for the applicant places further reliance upon the Tribunal's judgment in the matter of Raj Kumar Nirala and Ors. Vs. M/o Health and Family Welfare & Another in OA No. 947/2018 dated 22.08.2019 wherein the OA was allowed and the relief was granted to the applicant. She further relies upon the decision of Hon'ble High Court of Delhi in W.P.(C) No. 3106/2019 in the matter 5 OA 409/2022 Item No.51/C-5 of Joginder Singh and Ors vs. Union of India and the Tribunal's judgment passed in OA No. 3835/2017 in the matter of Surender Kumar (Head Constable) vs. Commissioner of Police and Ors.
6. Learned counsel for the respondents argues that the applicant, being a Gazetted Officer should be well aware of the OMs and directions issued by the Government from time to time in this regard and decision of the respondents is not to harass the employees/applicant but is based on the norms applicable and available on public domain.
7. Heard the arguments made by learned counsel for the parties and perused the pleadings available on record.
8. A factual position is that after taking due approval of the Competent Authority for claim of LTC, purchasing of tickets through yatra.com was made without any malafide intention, which is an authorised vendor with the Air India.
9. Keeping in view the directions passed in OA No. 152 of 2019 dated 16.01.2024 and other aforementioned cases, the present OA is allowed and the impugned recovery order dated 10.04.2019 is quashed and set aside and the respondents are directed to re-consider the LTC claim of the applicant subject to production of all the requisite 6 OA 409/2022 Item No.51/C-5 original documents such as Boarding Passes, etc. They are further directed to refund the amount already recovered from the applicant and also pay the balance amount of LTC claim, if payable, to him. This exercise shall be completed as early as possible, but not later than six weeks from the date of receipt of a certified copy of this order. There shall be no order as to costs.
(Anand S. Khati) Member (A) /akshaya/