ANANDITA RATHA vs DEPARTMENT OF POSTS on 9 November 2026

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

Brief facts of the case of the applicant is that while working as SPM, Sector-11, CDA SO, he applied and was granted permission to avail LTC for the block year 2020-21 to visit Jammu. He being entitled to travel by Air in Economy Class from Delhi to any place in Jammu and Kashmir, booked the tickets from Delhi to Jammu for Rs. 42,600/- and submitted copies thereof to the authorities. After sanction of TA advance, he performed the journey and, thereafter, submitted TA claim. It is the case of the applicant that without any show cause or opportunity of being heard, respondents started recovery of Rs. 6,808/- from his pay of July, 2023. On his written request, vide letter dated 02.08.2023 [A/3], he was supplied with the extract of the audit objection giving remark that “the official visited to Jammu for the block year 2020-21 (Extn.). She booked air ticket New Delhi to Jammu (to & fro) directly from other than three authorized travel agents. While is highly irregular as per GOI OM No. 19024/03/2021-E-IV dated 31.12.2021”. By filing this OA, RAVI KUMAR

the applicant has prayed to quash the audit objection communicated vide Annexure-A/3 and to direct the respondents to refund the recovered amount with interest.

2. Respondents have opposed the prayer of the applicant through their counter. The sum and substance of their argument is that applicant, while working as Sub Post Master, Sector-11, CDA SO applied for conversion of his Home Town Leave Travel Concession(LTC) for the block year 2020-21(Extension) to visit Jammu commencing journey from 15.04.2022. He was permitted to avail such LTC vide letter dated 11.04.2022. On completion of the journey, he submitted LTC claim on 09.05.2022 and the same was sanctioned on 26.05.2022. During Internal Audit Inspection of the Office, it came to notice that applicant had booked Airline Tickets from New Delhi to Jammu (To & Fro) directly from other than the three Authorized travel agents. It is submitted that the applicant was required to book the Air tickets only from the three Authorized travel agents viz. M/s. Balmer Lawrie & Company Limited(BLCL), M/s Ashok Travels & Tours(ATT) and Indian Railways Catering and Tourism Corporation RAVI KUMAR

limited(IRCTC) as per Govt. of India O.M No. 19024/03/2021- E.IV dated 31.12.2021 and 16.02.2022 circulated vide Directorate letter No. PP-17/1/2022-PAP dated 02.02.2022. Accordingly, recovery of an amount of Rs. 42,600/- from the pay of the applicant was ordered vide Annexure-A/3. It is submitted by the respondents that since the applicant had booked the Airline from the Spicejet Airlines on 28.03.2022, prior to issue of LTC permission order dated 11.04.2022, which was/is on clear violation of the provisions of LTC Rules and subsequent amendments in this regard from time to time, no interference is called for in the matter.

3. Heard. Perused the materials placed on record.

4. Ld. Counsel for the applicant, in course of hearing, led emphasis on the points that the amount sanctioned does not exceed the limit of LTC 80 fare of Air India and, therefore, there was no excess payment or loss to the Govt. account. It is not the case of the respondents that applicant claimed the amount by any misrepresentation or fraud. The competent authority consciously being aware of the ruling had sanctioned the LTC in RAVI KUMAR

his favour, which shows that the competent authority exercised the power of relaxation. It is submitted that the recovery is not in accordance with the law laid down in the cases of Yogeshwar Prasad & Ors. Vs National Inst., Edu. Planning and Admn. & Ors., (2010) 14 SCC 323, and Sahib Ram Vs State of Haryana & Ors, (1995) Suppl. 1 SCC 18, State of Bihar & Ors Vs Jagdishwar Prasad Pandey, (2009) 3 SCC 117, Shyam Babu Verma & Ors Vs. UOI & Ors, (1994) 2 SCC 521 and, as per the OM of the DoP&T dated 02.03.2016. Next limb of submission of the Ld. Counsel for the applicant is that the recovery was effected solely based on audit objection without giving him any opportunity of being heard and, thus, the recovery is bad in law as laid down by the Hon’ble Apex Court in the case of Bhagwan Shukla Vs UOI & Ors, AIR 1994 SC 2480. It is submitted that the applicant booked the tickets directly from the Airlines as per the OM dated 24.09.2014 and permission accorded by the competent authority in the sanction order and, that, he was not aware of the DoPT OMs dated 31.12.2021 and 16.02.2022. Therefore, in no circumstances, the recovery of Rs. 42,600/- from the pay of the RAVI KUMAR

applicant is justified. It is the specific case of the applicant that in an exact similar matter, this Bench vide order dated 25.08.2025 in OA No. 443/2023 [Anturam Angarai Vs UOI & Ors], this Bench disposed of the OA on a positive note. Hence, he prays for the relief claimed in this OA.

5. We have gone through the order of this Bench dated 25.08.2025 in OA No. 443/2023 wherein this Bench allowed the OA with the following observations: “6. The DoP&T OM dated 31.12.2021 provides as under: “Subject: Modification of instructions regarding Booking of Air Tickets on Government account. The undersigned is directed to refer to extant orders of this Department whereby in all cases of air travel where the Government of lndia bears the cost of air passage, the officials concerned are to travel by Air lndia only and air tickets are to be purchased directly from Air lndia or by utilizing the services of the three Authorized Travel Agents viz. M/s Balmer Lawrie & Company Limited (BLCL), M/s Ashok Travels & Tours (ATT) and lndian Railways Catering and Tourism Corporation Ltd. (IRCTC).

2. ln view of the decision of the Government for disinvestment of Air India, it has been decided that in all cases of air travel where the Government of lndia bears the cost of air passage, air tickets shall be purchased from the three Authorized Travel Agents viz. RAVI KUMAR

i) M/s Balmer Lawrie & Company Limited (BLCL),

ii) M/s Ashok Travels & Tours (ATT)

iii) Indian Railways Catering and Tourism Corporation Ltd. (IRCTC)

3. The travel agents are expected to provide the Govt. employees the 'Best available fare' on The choice of the travel agent for booking of ticket from those in Para 2 is left open to the Ministry/Department the date of booking on the basis of tour programme as per their entitlement.

4. Tickets may be arranged by the office or may be booked by the employee himself. No agency charges will be paid to booking agency i.e. any of the three Authorized Travel Agents viz. M/s Balmer Lawrie & Company Limited, M/s Ashok Travels & Tours and Indian Railways Catering and Tourism Corporation Ltd.

5. All Mileage Points earned by Government employees on tickets purchased for official travel shall continue to be utilized by the concerned Department for other official travel by their officers. Any usage of these mileage points for purpose of private travel by an officer will attract Departmental action. This is to ensure that the benefits out of official travel which is funded by the Government should accrue to the Government. The travel agents shall inform about accrued mileage points to the Ministry/Department on quarterly basis.

6. In case of unavoidable circumstances, where the booking of ticket is done from unauthorized travel agents website, the Financial Advisors of the Ministry/Department and Head of Department not below the rank of Joint Secretary in subordinate/attached offices are authorized to grant relaxation. RAVI KUMAR

7. To ensure timely payment of air ticket lo the travel agents, to confirm the performance of journey, the employee has to submit a certificate/undertaking in prescribed proforma (enclosed as Annexure-1) within 7 days of completion of journey. TA bill may be submitted later as per the existing rules.

8. All Ministries/Departments are directed to ensure strict compliance of the order and to widely circulate this O.M. in all offices including attached/subordinate offices/ autonomous bodies under their control.

9. These orders shall be effective from 01.01.2022.”

7. Subsequently, the DoP&T issued OM dated 16.02.2022 providing therein as under: “Subject: Modification of instructions regarding Air Travel on Government account. The undersigned is directed to refer to this Department's OM dated 31 12.2021 regarding booking of air tickets on Government account after disinvestment of Air India through three authorized agencies viz Balmer & Lawrie, IRCTC and Ashok Travels. Several references have been received in this Department seeking clarification regarding booking of air tickets for Domestic and international travel by private airlines in view of the disinvestment of Air India.

2 It is clarified that the air travel on Government account both Domestic (including LTC) and International travel can be made by private airlines Tickets shall be purchased only through the above three authorized agents.

3 This is issued with the approval of the Finance Secretary & Secretary (Expenditure).” RAVI KUMAR

8. From a panoptic view of the factual tapestry, it establishes that the applicant purchased the tickets prior to LTC permission that too directly from the Spicejet Airlines. It is also not in dispute that the applicant availed the LTC along with his family members and submitted the claim for final reimbursement within the time stipulated, which was duly sanctioned. The matter was reopened based on the audit objection. The audit objected the claim solely on the ground that the tickets were purchased by the applicant directly from Spicejet Airlines. However, respondents in the counter besides the reason of objection made by the audit have stated that the applicant purchased the tickets prior to permission for LTC. This Bench is of the considered opinion that the objection of purchasing tickets prior to LTC permission is too technical in nature and does not hold much water in line with the very instructions of the DoP&T that employees be encouraged to book flight tickets at least 21 days prior to the intended date of travel on LTC, to avail the most competitive fares and minimize burden on the exchequer.

9. Insofar as audit objection of the respondents with regard to purchase of air tickets directly from the Spicejet Airlines is concerned, the applicant relied on a decision of the CAT, Principal Bench, New Delhi dated 15.11.2022 in OA No. 750/2021 (Dr. Sanjay Prasad & Anr. Vs UOI & Ors) to contend that the applicant in the said case was denied the reimbursement vide order dated 11/15.01.2021 and 11.03.2021 on the specious ground that he purchased the tickets through spicevacation.com instead of authorized travel agents viz. M/s Balmer Lawrie & Company Limited (BLCL), M/s Ashok Travels & Tours (ATT) and Indian Railways Catering RAVI KUMAR

and Tourism Corporation Ltd. (IRCTC), which was challenged by the applicant in the above case in OA 750/2021 and the CAT, PB, New Delhi by placing various decisions of different courts, especially, the decisions of Hon’ble High Court of Delhi in W.P.(C) No. 3106/2019 & CM APPL No. 14227/2019 (Joginder & Ors Vs Govt. of NCT of Delhi and Ors), allowed the claim of the said applicants and, therefore, the present case being same and similar, the applicant is entitled to the relief claimed in this OA.

10. It is also found that although in para 6 of the OM dated 31.12.2021 there is specific clause for the Financial Advisors of the Ministry/Department and Head of Department not below the rank of Joint Secretary in subordinate/attached offices, authorizing them to grant relaxation when the air tickets are booked from unauthorized travel agents website, the respondents without adhering to the same only relying on the Audit Objection, rejected applicant’s LTC claim and recovered the amount. The audit objection cannot be taken as a sacrosanct document for taking action adversely affecting the interest of an employee without verifying justifiability of otherwise of the said objection or without giving opportunity to the employee concerned, as has been done in the instant case. Further, this OM is with regard to the air travel where the Govt. of India bears the cost of air passage and there is no mention of LTC therein and it was only included in OM dated 16.02.2022. The DoP&T OM dated 16.02.2022 also clarified that the air travel on Government account both Domestic (including LTC) and International travel can be made by private airlines but tickets shall be purchased only through the authorized agents. In the case in hand, it is an admitted fact that the applicant had purchased the RAVI KUMAR

air tickets from the website of airlines, though not through the authorized agents; had applied for the LTC as per rules; LTC tour was approved by the competent authority; LTC reimbursement claim was submitted by the applicant in due time; and was also sanctioned. In the peculiar facts of the case, the respondents also cannot be absolved of their responsibility when there is specific provision in OM dated 31.12.2021 that Head of Department, not below the rank of Joint Secretary in subordinate/attached offices, has been authorized to grant relaxation when the air tickets are booked from unauthorized travel agents website. In the aforesaid facts and circumstances of the case, I feel it appropriate to direct the respondents to allow the reimbursement of air fares of the LTC journey performed by the applicant and his family and settle the claim within a period of 60 days from the date of receipt of a certified copy of this order.”

6. Since, the instant case is on a similar footing, we are not inclined to deviate from the view already expressed by this Bench in the aforesaid order dated 25.08.2025 in OA No. 443/2023. Hence, in the peculiar facts of the case, where the respondents also cannot be absolved of their responsibilities when there is specific provision in OM dated 31.12.2021 that Head of Department, not below the rank of Joint Secretary in subordinate/attached offices, has been authorized to grant relaxation when the air tickets are booked from unauthorized RAVI KUMAR

travel agents website. Accordingly, we feel it appropriate to direct the respondents to allow the reimbursement of air fares of the LTC journey performed by the applicant and his family and settle the claim within a period of 60 days from the date of receipt of a certified copy of this order.

7. Accordingly, this OA stands allowed by leaving the parties to bear their own costs. Pending, MA, if any, also stands disposed of.

(Pramod Kumar Das)

(Sudhi Ranjan Mishra) Member (Admn.)

Member (Judl.)

RK/PS

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