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Judgment
L. Narasimha Reddy, J
The applicant retired from Military Engineering Service and joined in an establishment of Headquarter of Western Air Command, Additional Chief Engineer, Indian Air Force as Junior Accounts Assistant (JAA). Through an order dated 16.05.2018, he was transferred from one place to another, and he joined the station on 02.07.2018. He claimed the TA & DA, on account of the transfer. The bill in this behalf is required to be submitted within sixty days from the last date of joining. However, the applicant submitted his bill towards TA, DA on 17.10.2018, that was not sanctioned. Initially, he made a representation and thereafter got issued a legal notice. A reply to this was given by the department on 23.10.2020. It was mentioned that the bill was required to be submitted by 30.08.2018, whereas, the applicant submitted it on 17.10.2018, with delay of 48 days, accordingly, it was not sanctioned. This OA is filed challenging the order dated 23.10.2020.
The applicant contends that there was delay in furnishing certain information by the administration of the office to which he was transferred, and even the Last Pay Certificate was issued to him, only on 31.05.2019.
We heard Dr. Janak Raj Rana, learned counsel for the applicant and Shri Gyanendra Singh, learned counsel for the respondents.
The issue is about the payment of TA and DA on the eve of transfer. The respondents do not dispute the entitlement of the applicant. However, there was a delay on the part of the applicant in submitting it. According to the relevant provisions, the claim in this behalf is required to be submitted within 60 days from the last date of journey. The applicant was required to submit his claim by 30.08.2018, but he presented it only on 17.10.2018. The procedure prevailing in the establishment did not permit processing of such claims.
There is a definite purpose in stipulating the time for presenting the documents, particularly when payment of money is involved. If the applicant was not diligent enough to present the claim, within time, he cannot find fault with the respondents.
We do not find any merit in the OA and accordingly the same is dismissed. We, however, make it clear that if there exists any provision for condonation of delay in submitting the bill by obtaining the sanction from the superior authorities, the feasibility of extending such benefit shall be considered by the respondents.
There shall be no order as to costs.
