O.A. Nos. 479/2011 and 792/2011. Case: 1. Babu Swaminathan. M.V., Transmission Executive, Doordarshan Kendra, Kudappanakkunnu P.O. Thiruvananthapuram-43, 2. K.R. Rajini, W/o Jyotish Kumar, Senior Hindi Translator, O/o the Chief Postmaster General, Thiruvanantpauram-695 033, Residing at Ammu, 74 Ravi Nagar, Peroorkada, Thiruvananthapuram-695005 Vs 1. The Director, Doordarshan Kendra, Kudappanakkunnu P.O. Thiruvananthapuram-43 and The Director General, Doordarshan Bhawan, Copernicus Marg, New Delhi-1, 2. The Accounts Officer, O/o the Chief Postmaster General, PMG Junction, Thiruvananthapuram-695 033, The Chief Postmaster General, Kerala Circle, Thiruvananthapuram-695 033 and Union of India represented by the Director General & Secretary, Department of Posts, Dak Bhavan, Sansad Marg, New Delhi-110 116. Central Administrative Tribunal
| Case Number | O.A. Nos. 479/2011 and 792/2011 |
| Judges | Dr. K.B.S. Rajan, Judicial Member |
| Issue | Service Law |
| Judgement Date | September 03, 2012 |
| Court | Central Administrative Tribunal |
Order:
Dr. K.B.S. Rajan, Judicial Member, (Ernakulam Bench)
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As the legal issue involved in the two cases is one and the same, these are dealt with in this common order. Brief facts:
OA No. 479 of 2011: The applicant is presently working as Transmission Executive in Doordarshan Kendra, Thiruvananthapuram. His scale of pay as per the revised pay Scale in the wake of the VI Pay Commission Recommendations, is Pay Band 2 with Pay Band of Rs 4,600/-. He had, under due sanction, availed of the LTC facility for the four year block 2006-2009 from Thiruvananthapuram to Tawang (Arunachal Pradesh) in early 2010. He travelled from Thiruvananthapuram to Dibrugarh by Air, from Dibrugarh to Guwahati and from Guwahati to Tawang and back by Road and from Guwahati to Thiruvananthapuram by air. He had preferred a LTC bill accordingly. The respondents have disallowed his claim for travel by Air from the place of Duty i.e. Thiruvananthapuram on the ground that as per order dated 2nd May, 2008 (Annexure A-7), it is only Group A and Group B officers who are entitled to travel by Air from place of posting to a city in the NER or nearest airport. Other categories of employees will be entitled to travel by air to a city in the NER either from Guwahati or Kolkatta. The said order was to operate for two years. And, the post of Transmission Executive is a Group C post as per the Statutory Rules.
The applicant, however, relies upon a gazette notification published on 09-04-2009, according which, a Central Civil Post carrying the grade pay of Rs 5,400/- Rs 4,800/-, 4,600/- and Rs 4,200/- in the scale of pay of Rs 9,300 - 34,800 in Pay Band -2 has been classified as Group B posts. Since by Annexure A-7 communication dated 21-03-2011 the applicant was informed that her entitlement to LTC would be restricted to Rs. 39,930 and that she having been paid an advance of Rs 85,000/- the balance of Rs 45,070 would be recovered from her and by Annexure A-9 communication dated 01/4th August, 2011, the same was confirmed stating that the entitlement to Air travel would be restricted only from Guwahati/Kolkatta to North Eastern Region and further since by Annexure A-10 communication dated 02-09-2011 and another communication dated 16-08-2011 the applicant was informed that her salary will be withheld due to excess drawal of the LTC advance, the applicant has sought the following reliefs:-
(i) Direct the respondents to settle the LTC bill submitted by the applicant at Annexure A-4 forthwith.
(ii) Direct the respondents to consider sanctioning the LTC bill as claimed in Annexure A-4.
(iii) Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice.
(iv) Award the costs of these proceedings to the applicant.
OA No. 792 of 2011: The applicant is functioning as Senior Hindi Translator in the pay scale of Rs 9,300 - 34,800 plus Grade Pay of Rs 4,600/-. She was sanctioned LTC for travel to the North East Region for self and family during April, 2010. A sum of Rs 85,000/- was also paid to her as advance. The journey was completed by 11-05-2010. According to the applicant, vide Annexure A-1 OM, Group A and Group B Central Government employees will be entitled to travel by air from their place of posting or nearest airport to a city in North East Region or nearest airport. Annexure A-2 order dated 14-05-2008 refers. According to the applicant, by virtue of the following orders, which specify that pay band 2 (Rs 9300 - 34800/- with Grade pay of Rs 4,600 and above are all graded as Group B posts and as such, she and her family are entitled to travel by air from the place of posting:-
(a) Gazette notification dated 09-04-2009 (Annexure A-3)
(b) DOPT OM. No. 11012/7/2008 Estt(A) dated 17-04-2009 (Annexure A-4).
(c) Communication dated 14/10-2009 vide Annexure A-5
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However, by Annexure A-9 order dated 1st/4th August, 2011...
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