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Judgment
Aradhana Johri, Member (A)
MA NO. 4694/2018
MA No. 4694/2018 for joining together, for the reasons given in the MA itself, is allowed.
OA NO. 4199/2018
On 19.02.2020, last chance was given. Mr Padma Kr S, learned counsel appears as proxy for Mr B K Berera and has stated that he has the brief to argue the case. There is none for the respondents.
Learned counsel for applicant has provided DoPT's OM No. 43020/2/2016-Estt)A.IV) dated 19.02.2020 which is a clarification regarding relaxation on purchase of air tickets from authorised travel agents for the purpose of LTC. Para 3 of the said OM states the following:-
"3. The matter has been considered in this Department in consultation with Joint Consultative Machinery - Staff Side and Department of Expenditure. It has been decided to grant one time relaxation to such Government employees who had availed LTC by air to visit J&K and NER during the period of January, 2010 - June, 2014 and booked the tickets through travel agents other than 'M/s Balmer Lawrie & Company', 'M/s Ashok Travels & Tours' and ' IRCTC', due to lack of awareness of rules. Such relaxation shall be granted with the concurrence of Financial Advisor of the concerned Ministry/Department. Fulfillment of fare limit of LTC-80 and other LTC conditions prevalent at the time of performance of journey by the Government servants may be ascertained before granting such relaxations. The Administrative Ministries/Departments shall also ensure that only those cases are considered for relaxation where it is established that bonafide mistake has occured and no undue benefit has accrued to/obtained by the Government servant."
Respondent no. 3 is directed to examine as to whether the case of the applicant is covered by the said OM seeing the facts and circumstances of the matter in question, and pass a reasoned and speaking order as per rules and law, within a period of 3 months from receipt of a certified copy of this order. No order as to costs.