An applicant cannot be denied LTC reimbursement solely due to procedural violations if no financial loss ensues to the government.

By Dr. Chhabilendra Roul, Member (A)

The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following relief(s):

“8.1A This Hon’ble Tribunal be pleased to quash/set aside the impugned rejection orders dated 09.07.2021 of respondents, in the interest of justice.

8.1B This Hon’ble Tribunal be pleased to pass any other order/direction as this Hon’ble Tribunal deems fit in the facts and circumstances of the case in favour of the applicant.”

2. Factual Matrix

2.1 Brief facts of the case are that the present applicant is serving with the respondents in the PCR department since 2015. The Applicant with prior intimation/approval of the competent authorities initiated the programme of availing LTC from Delhi to Port Blair. She booked two-way air tickets on 14.3.2019 via online ticket window of SpiceJet, i.e., Spicevacation.com. The competent authority amongst the respondents sanctioned the leave for availing the LTC from 25.3.2019 till 5.4.2019. The applicant and her family members undertook the journey and returned to Delhi 30.3.2019. After availing the leave and returning to Delhi, the applicant submitted the application for reimbursement of the LTC claims vide her application dated 25.2.2021. As per claim of the applicant, the respondents verified the actual journey of the applicant and her family to Port Blair and back. However, the respondents vide their communication dated 9.7.2021(Annexure-1) rejected the claim of the applicant for reimbursement of Rs.1,70,120/- on account of LTC. Being aggrieved, the applicant has filed the present Original Application seeking the aforementioned relief(s).

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.

4. Submissions by Learned Counsel for the Applicant

4.1 The learned counsel for the applicant states that the only ground of rejection of LTC claim of the applicant is that she booked the ticket through the online booking window of SpiceJet, not through the approved or authorised dealer as per the condition laid down in Do&PT guidelines dated 20.9.2018. He states that there is no pecuniary loss to the government in the purchase of tickets for the LTC travel. It is merely on the ground of procedural aberration that the respondents have rejected the claim of the applicant. Under similar circumstances, this Tribunal in OA No. 1478 of 2020 in Sandeep Joon vs. Delhi Police and others has allowed the reimbursement of LTC claims to the applicant thereof. Hence, applying the ratio of the said order by this Tribunal, the present applicant should have been reimbursed her LTC claim.

5. Submissions by Learned Counsel for the Respondents

5.1 Per contra, the learned counsel for the Respondents vehemently opposes the present OA. He states that, the Do&PT OM dated 20.9.2018 has clearly mentioned that the government employees should book tickets through the authorised Travel Agents and not through any unauthorised dealers. The applicant should have purchased the tickets through authorised dealers as mentioned in the said OM. He further states that the applicant purchased the tickets from spicevacation.com not from the Website of SpiceJet, from its counter or directly through its website, i.e., www.spicejet.com. The violation of the Do&PT guidelines does not entitle the applicant for reimbursement of LTC claims. Hence, the decision of the Respondents vide the impugned order dated 9.7.2021 is perfectly legitimate and the applicant has no case for relief as sought in the OA.

6. Analysis

6.1 We have heard both the counsels and perused the records of the case thoroughly. The short issue involved here is: Whether the mere violation of the Guidelines issued by the Do&PT in their OM dated 20.9.2018 deprives the present applicant for reimbursement of LTC claims.