UNION OF INDIA & ORS. Vs. JAWAHAR LAL

JUDGEMENT

(1.) By way of this writ petition, the Employees' Provident Fund Organization ('EPFO') and its officials seek to question the order dated 29.08.2012 whereby the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') has allowed the Original Application ('OA') No. 13/2011 filed by the applicant-employee (the respondent herein) and, while setting aside the impugned orders issued by the present petitioners for recovery of a part of advance towards Leave Travel Concession ('LTC') from the salary of the applicant, has restrained the petitioners from making any such recovery. The dispute leading to this writ petition arose essentially, for the reason that the applicant-respondent, while availing of an LTC with his family to North Eastern Region ('NER'), undertook a part of air journey through private airlines and not Air India. The present petitioners, essentially with reference to an Office Memorandum ('OM') dated 13-07-2009, asserted that the payment of fare for the journey undertaken through private airlines could not be made and hence, sought recovery of a part of the advance allowed to the applicant-respondent. Aggrieved, the applicant-respondent preferred the OA that has been allowed by the CAT in the order impugned.

(2.) We have heard the learned counsel appearing for the petitioners as also the learned counsel appearing for the applicant-respondent in caveat. Though the petitioners have not annexed with the petition all the relevant documents concerning the subject matter of this petition but, during the course of submissions, the pleadings and documents as filed before the CAT have been placed before us for perusal; and we have examined the matter with reference to the material as placed on record and as shown during the course of arguments.

(3.) The relevant background aspects of the matter could be noticed in the following: The applicant-respondent, working as a Section Supervisor in the petitioner organization in its sub-divisional office at Jodhpur, applied for the LTC for the block period of the years 2006-2009 (extended to the year 2010) in accordance with the CCS (LTC) Rules, 1988 ('the Rules of 1988') for travelling to NER for a period of 10 days along with his 6 family members. Initially, on 21.04.2010, the respondent submitted the details of his proposed tour programme from 24.04.2010 to 04.05.2010 in the manner that he would be travelling from Jodhpur to Bagdogra by air, from Bagdogra to Yumthang by road and then, the similar nature return journey. For the said journey, he made a request for advance leave encashment towards one sided economy class air fare by Air India and one sided road fare, amounting to Rs. 3,38,220/-. The petitioners sanctioned the LTC by an order dated 22.04.2010 and allowed an advance of Rs. 1,50,000/- to the respondent. Subsequently, the respondent submitted an intimation in the office, allegedly on 27.04.2010, to the effect that due to non-availability of seats in Air India, he had to make deviation regarding the dates of the journey and the airlines. The respondent stated his revised tour programme in the following manner:--