O.A. No. 1647/2013. Case: H.L. Bhat Vs Chairman cum Managing Director. Central Administrative Tribunal
| Case Number | O.A. No. 1647/2013 |
| Counsel | For Appellant: B.L. Wanchoo, Advocate and For Respondents: U.C. Mittal, Advocate |
| Judges | V. Ajay Kumar, Member (J) |
| Issue | Service Law |
| Judgement Date | July 17, 2014 |
| Court | Central Administrative Tribunal |
Order:
V. Ajay Kumar, Member (J), (Principal Bench, New Delhi)
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The applicant, who is working as AGM (Building) in the Respondent-BSNL, applied on the prescribed LTC Advance form, on 3.08.2011, for availing All India LTC for the Block Year 2010-13 to Port-Blair and back for himself, wife and his son for a total amount of Rs.66,150/-. This LTC Application form was duly recommended by the 3rd Respondent and sent to the 4th Respondent for payment. On 7.09.2011 an amount of Rs.59,500/- being 90% of the amount claimed by the applicant was sanctioned. The leave from 4.10.2011 to 11.10.2011, i.e., for 8 days, was duly granted by the sanctioning authority, and the applicant forwarded the copies of the Air Tickets, for onward submission. Accordingly, applicant proceeded as per LTC programme and performed the journey and on his return submitted the bill for Rs.59,792/- on 12.10.2011, enclosing the tickets with full details for final settlement of the LTC bill. Since the respondents have already paid Rs.59,500/- towards LTC advance, the applicant is still to be paid only Rs.292/-.
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The respondents vide their letter dated 15.11.2011 stated that as per letter No.7-8/2010/EF/Part.I dated 05.09.2011 issued by the Corporate Office, the LTC (All India and Leave Encashment) has been withdrawn for all categories of BSNL employees and hence, the LTC claim of the applicant for the period 4.10.2011 to 11.10.2011 has been disallowed, since he availed the LTC after the date of the issue of the said letter dated 5.09.2011. He was further directed to refund the amount of Rs.59,500/- paid to him towards the LTC Advance.
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The applicant preferred OA No.260/2012 questioning the action of the respondents in not settling his LTC Claim, and for a direction to allow the same. This Tribunal, after discussing the facts in detail, passed the following Order on 17.12.2012:
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Having bestowed our careful consideration of the contents raised by the parties, we are of the considered view to disallow the applicants claim of LTC in the facts and circumstances would be improper and unjust. The respondents are at least expected to consider if the applicant's case is fit for invoking the provisions with regard to relaxation of the rules in order to redress the undue hardship unwittingly caused to the applicant, may be as a special case.
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In the facts and circumstances and for the reasons stated above, the respondents' letter dated 15.11.2011, 29.12.2011 and 16.1.2012 informing...
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