SHYAM LAL KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant petition has been preferred for directing respondents to release retirement (Travelling Allowance) claim and Transportation Charges of personal effects, claimed by the petitioner alongwith interest @ 18% per annum w.e.f. 28.11.2003 when petitioner had submitted his claim for the first time till finalization of the matter.

(2.) Undisputed facts, in present case, are that petitioner was employee of respondent No.1 i.e. Department of Atomic Energy and was deputed with respondent No.2 Nuclear Corporation of India and respondent No.3 Site Executive Director Rajasthan Atomic Power Station and after his retirement as a foreman-B on 31.03.2002 from Rajasthan, where he was lastly posted, and served under respondent No.3, he is receiving pension from respondent No.1. Entitlement of the petitioner, on his retirement, for the claimed allowances, is also not in dispute. It is also admitted fact that after his retirement on 31.03.2002, petitioner has submitted claim on 28.11.2003 by post for Travelling Allowance and Transportation Charges for personal effects with regard to his journey from Jaipur to his native village Batari, Tehsil Kumarsain, District Shimla, H.P., completed on 02.12.2002.

(3.) Entitlement of the petitioner for aforesaid claims has also not been disputed. However, his claim has been rejected as time barred on the ground that these concessions should have been availed within one year of the retirement, whereas, petitioner has retired on 31.03.2002 and shifted his family and personal effects on 30.11.2002 and submitted the claim on 28.11.2003, after a period of eight months, beyond expiry of one year after his retirement, as is evident from communication dated 02.01.2004 (Annexure A-3).