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Judgment
The applicant has filed the present OA, seeking the following reliefs:-
"8.1 to allow the OA and quash and set aside the impugned order dated 21.08.2016 (Ann.A -1) to the extent it denies the payment of Travelling Allowance & Contingencies Allowance and consequently
8.2 direct the respondents to pass and the sum of Rs.1,96,024/- Approx. of Travelling Allowance & Contingencies Allowance for the period from April 2010 to May 2016, detailed in Ann. A-3 with interest @18% p.a. thereon yearly compounded; and
8.3 to pass any such other order or direction as the Hon"ble Tribunal may deem just and proper as per facts and circumstances of the case besides the cost and expenses of present litigation to the extent of Rs.55,000/-."
When the matter is taken up for hearing, it is noticed that this matter had been adjourned either on the request of proxy counsel for the applicant or because of non-appearance of the applicant for the last so many dates, i.e.03.04.2019, 23.04.2019, 17.07.2019 and 17.09.2019. Today also, nobody appears for the applicant even in the revised call. Hence, we are constrained to proceed with the matter under Rule 15 of the CAT (Procedure) Rules, 1987.
During the arguments, counsel for the respondents draws our attention to Para 4 of their counter affidavit which reads as under:-
"4. ....However, it is to be submitted that applicant has claimed the travelling and contingent bill amounting to Rs.1,96,024/- for the period of April 2010 to May 2016 while the applicant had done work as assisting to Railway Employee (ARE) during the different various DAR enquiry. Whereas in fact, applicant has submitted entire TA and Contingent bill for amounting to Rs.1,88760/- for the said period. The delay for the aforesaid amount is due to only applicant who has not submitted proper certification of DAR enquiry.
However, on receipt of all required relevant documents of TA contingent bill for amount Rs.27,650/- for the period of April 2010 to April 2012 has already paid to the applicant in the month of September, 2016, and for remaining total amount Rs.1,61,110/- administrative approval of competent authority has already been obtained and pay order for this amount has submitted to accounts office of this division for further proceeding of payment."
Hence in view of above submissions and the fact that no rejoinder has been filed by the applicant, we do not find anything contrary to the stand taken by the respondents. Hence, we find that nothing remains to be adjudicated and the OA has become infructuous and is disposed of as such. No order as to costs.
