UNION OF INDIA Vs. ANISH KUMAR .S

JUDGEMENT

(1.) This O.P (CAT) is filed by the Union of India in the Department of Posts and its officers challenging Ext.P.2 order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.180/00013/2020. The respondent herein had filed that O.A seeking disbursement of hostel subsidy as part of the Children Education Allowance granted to eligible employees of the Central Government. The claim was made under Annexure-A2 Office memorandum dated 02.09.2008. According to the respondent, the condition prescribed in Annexure - A3 Office Memorandum dated 31.05.2012, providing that the subsidy will be paid only if the residential school/institution where the ward of the Government servant studies is located beyond the distance of 50 kilometres from the residence of the Government servant is unsustainable in law since the respondent's son is enrolled in a Sainik School where hostel residence is mandatory.

(2.) The Tribunal appears to have allowed the original application at the admission stage itself without affording any opportunity to the Department to file their reply statement.

(3.) We believe that the Tribunal should have granted an opportunity to the Department to file a reply statement before holding that the Annexure-A3 office memorandum dated 31.05.2012 may not apply when the ward of the Government servant is compulsorily required to reside in a hostel as the case of a Sainik school.