Air CMDE Sanjay ADM vs Union of India & Ors

OA 1317/2021

Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this application being aggrieved by an order impugned herein (Annexure A-1) dated 13th January, 2021 rejecting his representation dated 17th December, 2020 and the recovery order dated 29th August, 2019 whereby a LTC claim allowed is being modified and a recovery of Rs.1,05,232/- has been ordered.

Applicant at the relevant time when this application was filed was posted in Nagpur and was holding the post of Air CMDE. According to the applicant the legal issue involved in this case and validity of the recovery is covered by a judgment rendered by a Co-ordinate Bench of this Tribunal on 8th March, 2019 in OA 715/2017 - Wg Cdr Ashish Tripathi Vs. Union of India and Ors., a copy of which has been brought on record as Annexure A-3. The applicant along with his wife, a son and daughter, dependent upon him, undertook a journey from Delhi to Singapore on 17 December, on 2012; returned back to Delhi on 24th December, 2012 by an Air India Flight and submitted his LTC claim in the year 2013. According to the applicant, the claim was submitted by him in accordance to the Travel Regulation 177B, Air Force Order 318 and various other statutory provisions and guidelines contained in the letters cumulatively filed as Annexure A-4. After going through the same and the provisions of para 72 of the Handbook on TA/DA and LTC (Officers of the Army) 2009 for the officers and their wives, it is the case of the applicant that his LTC claim was allowed and the entire amount claimed was paid to him immediately in the year 2013 itself. However, to his surprise after about more than six years vide recovery notice dated 29th August, 2019, it was stated that certain claim which was not admissible has been paid and, therefore, a proposal was made to recover a total amount of Rs.1,43,817/-(Rs.1,05,232/-plus penal interest of Rs.38,585/-). However, finally when the recovery was ordered, the penal interest amount was not included.

Challenging the same, this application has been filed and reliance is placed on the judgment rendered in the case of Wg Cdr Ashish Tripathi (supra).

Even though notices have been issued and the matter is listed for hearing today, Mr. Neera, learned Sr. CGSC, appearing for the respondents, has fairly stated that the issue involved in the matter is squarely covered by the judgment rendered in the case of Wg Cdr Ashish Tripathi (supra) and subject to verification of the claim and the record, the respondents are willing to settle the claim of the applicant in accordance to the judgment referred to above.

Having heard learned counsel for the parties and perusal of the record, we find that in the matter of the LTC claim made and the objections raised by the auditors department, the issue has been considered in detail by a Co-ordinate Bench in the case of Wg. Cdr Ashish Tripathi (supra) and after taking note of the statutory provisions, as are contained in Travel Regulation 177B and para 72 of the Handbook on TA/DA and LTC (Officers of the Army) 2009, the Co-ordinate Bench has allowed identical claim and while doing so certain judgments of the Hon'ble Supreme Court have also been relied upon. Taking note of all these circumstances, we see no reason to take a different view now in this case.

Keeping in view the aforesaid, we allow this application, quash the impugned order for the reasons and grounds already considered and recorded in the judgment passed in the case of Wg Cdr Ashish Tripathi (supra) and direct the respondents to settle the claim of the applicant without any deduction as contemplated in the impugned order after verification of the claim in accordance to law. As the applicant is retiring today, we direct the respondents to settle the claim of the applicant without any deduction for the present and after verification pass appropriate final orders within a period of two months.

The OA stands disposed of with no order as to costs.