NAGENDRA UPADHYAY Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) BY way of this petition, petitioner has challenged the order dated September 20, 2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') in OA No.4063/2011 whereby the request of the petitioner for issuing directions to the respondents for grant of Children Education Allowance (in short referred to as 'the CEA') has been rejected.

(2.) PETITIONER is a TGT (Sanskrit) serving under respondents 1, 3 and 4. His claim for reimbursement of CEA in respect of his two children, namely Harsh Vardhan Upadhyay and Raj Vardhan born on 06.07.1996 and 16.3.1997 has been denied by the respondents. As per him, he has not claimed CEA in respect of any other child of him in the past except the aforesaid two children, as such, he is entitled for CEA as per OM No.12011/03/2008-Estt.(Allowance) dated September 2, 2008. He had made representation to the respondents which was denied vide communication dated June 10, 2011. The same was challenged by him before the Tribunal.

(3.) THE stand of the respondents before the Tribunal was that petitioner is claiming CEA for 3rd and 4th child in view of clarification issued vide OM dated 13.11.2009 which is applicable to the staff of Government of NCT of Delhi, as such he is not entitled for the same.