S.M. KANNAN, S/O. LATE SOORU MUNISWAMY Vs. U.O.I. REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF PERSONNEL GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI- 110001, THE DIRECTOR GENERAL, COUNCIL OF S

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The petitioner was working a Senior Scientist (E. II) at National Aerospace Laboratories (NAL). He was entitled to avail LTC to visit Delhi. According to his post he is entitled to travel in 1st class A/C Train. But the petitioner his family members traveled by Air from Bangalore to Delhi on 24,09,2000 pursuant to the permission granted to him on 18.9.2000 returned to Bangalore from Delhi on 28.9.2000 by Air. He paid a sum of Rs. 54,328/ - as air fere. While claiming reimbursement considering that he is entitled to travel by Train in A/C 1st class, he restricted his claim to Rs. 41,570/ -. But the respondent allowed the claim in part in a sum of Rs. 19,450/ - and disallowed remaining amount of Rs. 22,120/ -. But unfortunately, the petitioner on attaining the age of superannuation retired from service with effect from 30.09.2000 and it was the last LTC, which could have been utilised in his service. After his retirement, his claim was rejected, in part. Therefore, he approached the Tribunal in Application No. 992/2003 and the same has been rejected by the Central Administrative Tribunal on the ground that though he is emitted in travel by train in first class A/C, he is not entitled to reimbursement in respect of the same on the ground that the Train, which had facility of first class A/C namely, Rajadhani and Shatabdi arc not running in the shortest rente but in the circuit route. According to the respondent, the train which is running in the shortest route is KK express, which does not have facility of AC Erst class. On the said ground, the claim petition has been rejected. Challenging the same, the present petition is field,

(2.) WE have heard the learned counsel for the parties.