- (1.) The appellant introduced Leave Fare Assistance Scheme (for short 'LFA') for its employees and officers posted in the projects mentioned therein whose home town was situated beyond 500 Kms. from the headquarters and that scheme was modified from time to time although it was originally introduced in the year 1969. By an official memorandum dated 13-12-1977, it was made clear that the assistance for visiting home town every year for the employees posted in Assam and whose home towns are situated outside Assam would not be admissible to them for their families residing at a place other than the headquarters/place of duty of the employee concerned and in that event they would be entitled to avail of the assistance for their families once in a block of two years. By another official memorandum dated 21-5-1980, the said scheme was amended to the effect that LFA can be availed of by an employee in any calendar year only if the employee has spent 9 months or more at one or more places of posing where LFA is available. By another modification made on 24-12-1981, it was further provided that in respect of employees who do not belong to North Eastern States but are working there on transfer or posting and are separated from their families and staying alone in North Eastern States will also be entitled to travelling assistance once in six months, i.e., twice in a year instead of LFA once in a year by way of single return fare by the entitled class to the place of stay of his family. Their families are, however, entitled to LFA once in a block of two years for visiting their home town from the place of their stay subject to the condition that LFA so granted will be limited to the fare as is admissible for visiting home town or a place other than home town from place of posting of the employee. By another official memorandum dated 2-1-1982, it was clarified that the families of any employee residing at a place other than the place of posting or headquarters or home town for various reasons, shall also be entitled to LFA to visit the employee at his place of posting or headquarters and back to that place against their entitlement for visiting home towns against a particular block of two years. The clarification was issued on 23-4-1982 extending the LFA to all work centres and it was again clarified that LFA can be availed by an employee in any calendar year only if the employee has spent nine months or more at one or more places of posting where LFA is available.
(2.) From September 1982 to January 1985, the respondent was working in Assam Region. He availed of the LFA for the family for the block year 1982-83 in the month of November 1983 and similarly in April 1984, for the block year 1984-85. Thereafter, he was transferred to his home town, Ahmedabad. He made a claim for encashment for his family for other than home town for the block year 1982-85 and the same was rejected by the appellant and he retired from service on superannuation on 31-8-1983.
(3.) A legal notice was sent claiming LFA encashment for his family other than home own for block year 1982- 85. The appellant sent a reply to the said notice explaining that he was not entitled to such benefit. In October 1984, he filed a writ petition before the High Court of Gujarat alleging discrimination in the matter of grant of LFA. By an order made on 4-4-1995, the High Court disposed of the said proceedings by directing the appellant to take decision in regard to LFA to the respondent for the block years 1982-85 bearing in mind the instance of one S. L. Garde in accordance with law and it was further observed that it will be open to the authority to consider the facts of the respondent's case as well as the facts of S. L. Garde and take appropriate decision within the stipulated time.;