- (1.) HEARD the learned counsel for the parties. The petitioner was working a Senior Scientist (E. II) at National Aerospace Laboratories (NAL). He was entitled to avail LTC to visit Delhi. According to his post he is entitled to travel in 1st class A/C Train. But the petitioner his family members traveled by Air from Bangalore to Delhi on 24,09,2000 pursuant to the permission granted to him on 18.9.2000 returned to Bangalore from Delhi on 28.9.2000 by Air. He paid a sum of Rs. 54,328/ - as air fere. While claiming reimbursement considering that he is entitled to travel by Train in A/C 1st class, he restricted his claim to Rs. 41,570/ -. But the respondent allowed the claim in part in a sum of Rs. 19,450/ - and disallowed remaining amount of Rs. 22,120/ -. But unfortunately, the petitioner on attaining the age of superannuation retired from service with effect from 30.09.2000 and it was the last LTC, which could have been utilised in his service. After his retirement, his claim was rejected, in part. Therefore, he approached the Tribunal in Application No. 992/2003 and the same has been rejected by the Central Administrative Tribunal on the ground that though he is emitted in travel by train in first class A/C, he is not entitled to reimbursement in respect of the same on the ground that the Train, which had facility of first class A/C namely, Rajadhani and Shatabdi arc not running in the shortest rente but in the circuit route. According to the respondent, the train which is running in the shortest route is KK express, which does not have facility of AC Erst class. On the said ground, the claim petition has been rejected. Challenging the same, the present petition is field,
(2.) WE have heard the learned counsel for the parties. It is not in dispute that the petitioner has traveled by air. He is entitled to travel by train in first class A/C, claimed reimbursement in a sum of Rs. 41,570/ - being first class train fare. The rejection of the application by the Tribunal is erroneous because when the petitioner is entitled, in travel in first class A/C in train, just because the other two trains namely, Rajadhani and Shatabdi are running in circuitous route cannot be a ground to reject the claim of the petitioner. If the petitioner is entitled to travel in first class A/C train, it is not a ground for the respondent to contend that he was required travel only in KK express, which has A/c facility and rurning in shortest route. Considering that the respondent has already retired from service within two days from the day of return journey by utilizing; last LTC of his service, it is a case where we have to allow the petition. According, the petition is allowed and the order passed by the Central Administrative Tribunal is hereby set aside. We direct the respondent to reimburse the balance amount of Rs. 22,120/ - within four weeks from today failing which it shall carry interest at 6% from the date of submission of his bills.;