Tribunals and CommissionsDivision Bench(2020) 10 CAT CK 0103

Sandeep Joon vs Commissioner Of Police & Others

Central Administrative Tribunal · Decided on 16 October 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Aradhana Johri, Member (A)
RESULT
Allowed
CASE NUMBER
Original Application No. 1478 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

20 paragraphs · 542 words

Aradhana Johri, Member (A)

1.

The applicant is a Constable (Belt No.6348DAP) of Delhi Police who is posted at North West Zone PCR (3rd Battalion), Delhi. The present matter pertains to reimbursement of LTC claim of the applicant and his family.

2.

He purchased two-way tickets for 28.06.2019 and 02.07.2019 from Delhi to Bagdogra and back, through Spicevacation.com which is sponsored by Spice Jet. His reimbursement claim of Rs.1,38,840/- was rejected by respondent no. 3 vide letter No. 3919/Acct/PCR(LTC) dated 20.07.2020 and letter No. 4325/Acct/PCR(LTC) dated 14.08.2020 [Annexure A-1 (Colly] on the grounds that Spicevacation.com is a private site and not admissible as per LTC Rules.

3.

The applicant has contended that Spicejetvacation.com is online window of Spice Jet and is fully covered with DOP&T OM No.31011/3/2018-Estt(A-IV) dated 20.09.2018 (Annexure A-3) and, therefore impugned orders dated 20.07.2020 and 14.08.2020 should be set aside and he should be given the reimbursement of the LTC amount.

4.

The respondents have denied the claims of the applicant. Though they have stated that the journey was performed from Delhi to Bagdora and back vide ticket PNR no.ZGIFSK for his entire family of six members for which he paid a sum of Rs.1,61,980/- but since he did not buy directly through Spice Jet or through the authorized booking agents M/s. Balmer Lawrie & Company and M/s. Ashok Travels & Tours, he has not followed the instructions of the DOP&T OM dated 20.09.2018. Therefore his claim cannot be sanctioned. They have also stated that they got the matter verified and after perusing the vigilance enquiry report, rejected the claim of the applicant on 20.07.2020.

5.

Heard Shri F.K. Jha, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

6.

DOP&T OM dated 20.09.2018 permits even non-entitled employees to travel to the north east by air in a given LTC block. It provides that tickets are to be purchased directly from the airlines (booking counters, website of airlines) or by utilizing the service of authorized travel agents.

7.

The applicant has not only filed the copies of the tickets and boarding passes but also a letter from Spice Jet Airlines, which is at Annexure A-4. The said letter reads as follows:-

"Dear Team,

Please inform guest regarding mention query.

NO# ZGIFSK(Delhi-Bagdogra-Delhi) has been booked from Spicevacations.com which is powered by Spice Jet. This is web booking and booking made and confirmed by the guest through our website by using card dated on 20 Jun'19.

No travel agent is involved in the Booking.

Total fare per passenger round trip is Rs.23140.00 paid to Airline for air ticket only.

Total Amount in the PNR is Rs.161980.00 paid to Airline for air ticket only for 07 passengers.

Thanks and Regards,

Lehar Kumar

Senior Executive | Group desk-Revenue Management

Spice Jet Ltd....."

8.

It is clear from the above mentioned communication that Spicevacation.com is powered by Spice Jet and, therefore the applicant is entitled for reimbursement of the LTC claim as per the DOP&T OM dated 20.09.2018.

9.

OA is allowed. Respondents are directed to reimburse the LTC claim amount admissible as per rules to the applicant, within a period of six weeks from date of receipt of certified copy of the order. No order as to costs.