Regarding ta for central govt staff

vinoj pjoseph (Querist) 25 February 2012 This query is : Resolved
SIR,

I am a paramilitary employee. As our special units work in most hostile conditions a Risk allowance is sanctioned to us. But for duties we are frequently ordered to move to different places away from our HeadQuaters for long periods. As every Central Govt employee is eligible for TA and DA when they were send away from their respective HQ for a distance nore than 08KM and for a period more than 24 hrs we also applied for that. But our Departement rejected the claim with a explanation that as we draw Risk Allowance as a special allowance TA/DA is not entitled to us if we were sent anywhere on duty . We approached upto MHA regarding this but Ministry also rejected the application.The matter of concern is that other then we General Duty personnel all clerical staff posted in our units also draw this risk allowance even then they are not went anywhere out side otherthan their offices from 9 to 5. Kindly given advice whether as per rules Govt can reject our claim and where we can approach for our claim.Whether we can approach Court for this and if which Court. What is the simplest procedure for that to avoid the complications of Court Procedures.

With Regards

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Raj Kumar Makkad (Expert) 25 February 2012
In my view you are very well entitled for the grant of TA & DA for the days deputed outside of your HQ but this demand has now been rejected by Ministry of Home so you have no other option but to file a writ before HC.

Shonee Kapoor (Expert) 26 February 2012
I also have the similar views as of Ld. Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

mahendrakumar (Expert) 26 February 2012
filing a writ at HC against this discrimination is the viable way.

however,it is time consuming and expensive too.

if people jointly file a case expenses could be minimised.

since it is going to affect entire paramilitary force,govt may appeal to sc level,even if a favourable decision come from hc. so move accordingly.

Guest (Expert) 26 February 2012
There is a difference between moving out on transfer with change of HQ or moving out for a very short duration without change of HQ, i.e. on tour and return back to HQ after perfornace of duty at outstation.

But, your query does not indicate whether the orders for moving out is on transfer with change of HQ or on tour with the order to return back to the HQ.

Daily allowance is admissible only for meeting out extra expenses at outstation during short stay for duty without change of HQ and return back to the same HQ on accomplishment of task at outstation.

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