Ta/da on temp duty
kumarjainn
(Querist) 17 July 2015
This query is : Resolved
sir
three senior govt officers working in same office in Delhi were asked to attend a training program from 9 a.m. to 5.30 p.n. of four days in Delhi . The training is treated as duty. The training institute is at a distance of more than 8 kms from their permanent duty point/place of residence. As the residence of them are too far from each other all the three went in their car to attend the course. Are they individually entitled to get Traveling allowance and Daily allowance (TA /DA) for attending the course or the duty point will be deemed to be shifted to the training place and no TA/DA is admissible as they are getting Transport allowance. Or the claim will be rejected as they have not taken a shared taxi or travelling allowance will be limited to share taxi.
Guest
(Expert) 17 July 2015
You are concerned in what capacity with the case of three officers.
Rajendra K Goyal
(Expert) 18 July 2015
Departmental rules regarding payment of TA / DA would be applicable, refer internal guidelines.
R.K Nanda
(Expert) 18 July 2015
rules regarding payment of TA / DA would be applicable.
kumarjainn
(Querist) 18 July 2015
sir
thanks
The department has concerned on the following points mentioned in swamy handbook.
(1) when a government servant is required on any day to perform temporary duty at a place at his head quarters other than the normal place of his duty and he does not have to attend duty in his own office on that day, his duty point shall be the place where the duty is actually performed on that particular day (GIO(2), SR 71)
But as per FRSR Part II Travelling allowances " SR 164 it seems the above rule is for fresh employees who join govt service and are sent for training at headquarter place either directly or after joining the govt . and therefore this rule is not applicable for old employees and they are entitled for TA/DA.
pl. advice
kumarjainn
(Querist) 18 July 2015
sir
In the swamy's traveling allowance made easy pg. 30 it is mentioned:
How duty point is reckoned when performing temporary duty as headquarters at a place other than the normal place of work:
When a government servant is required on any day to perform temp duty at a place at his headquarter other than the normal place of his duty, and he does not have to attend duty in his own office on that day, his duty point shall be the place where the duty is actually performed on that particular day (GIO (2) SR 71)
I feel the above order is also for fresh recruitee sent for training in headquarter station whether before or after joining the govt. job.
for old employees TA/DA is admissible if they attend training for beyond 8 kms.in head quarter station . pl advice
Sudhir Kumar, Advocate
(Expert) 18 July 2015
please state facts of the case and also state how you are connected.
do not take exam of the experts.
kumarjainn
(Querist) 18 July 2015
sir
thanks
we three attended the course together
kumarjainn
(Querist) 18 July 2015
sir
thanks
As per SR 71(2) of traveling allowance : Traveling allowance for a local journey shall be admissible if the temporary place of duty is beyond 8 km from the normal place of duty irrespective of whether the journey is performed by the Government servant from his residence or from the normal place of duty.
For attending the training course on duty for four days, claim for getting TA/DA is admissible or not. Can the TA/DA claim be denied on the ground that duty point is shifted to temp duty point of training. I feel this logic holds for fresh entrants in govt job who are sent for training (SR164)either before joining govt job or after joining govt job and the training is in the headquarter station. Thus new entrants in govt job are not entitled for TA/DA for local journey beyond 8 km from office or residence for training.
Old employees if they are sent for training in the headquarter beyond 8 km from duty point then should be given TA/DA. please clarify.
T. Kalaiselvan, Advocate
(Expert) 19 July 2015
I think you can claim the said allowances except conveyance since you are already drawing it.
kumarjainn
(Querist) 20 July 2015
sir
thanks
when the training place is 8 km away from duty place and residence then can the traveling allowance be claimed or not for local journey. The transport allowance is for coming to office and back only. Transport allowance is not for attending to office in another place except permanent duly point
kumarjainn
(Querist) 20 July 2015
sir
As per SR 71(2) of traveling allowance : Traveling allowance for a local journey shall be admissible if the temporary place of duty is beyond 8 km from the normal place of duty irrespective of whether the journey is performed by the Government servant from his residence or from the normal place of duty.
Can the TA/DA claim be denied on the ground that duty point is shifted to temp duty point of training. I feel this logic holds for fresh entrants in govt job who are sent for training (SR164)either before joining govt job or after joining govt job and the training is in the headquarter station. Thus new entrants in govt job are not entitled for TA/DA for local journey beyond 8 km from office or residence for training.
Old employees if they are sent for training in the headquarter beyond 8 km from duty point then should be given TA/DA. please clarify.
T. Kalaiselvan, Advocate
(Expert) 20 July 2015
What is the reason for a difference in grant of TA/DA for old and new employees. How do you differentiate it and on what basis. Both the employees are instructed to undergo training, which may vary but again it is training. I dont think there will will applicability of different set of rules for two different generation of employees for grant of TA/DA in this aspect. You may verify the same from the establishment section or accounts section of your organisation.
kumarjainn
(Querist) 20 July 2015
sir
thanks
It means TA (Traveling allowance) is not admissible. What about DA(Daily allowance). Is Daily allowance admissible or not.
Guest
(Expert) 20 July 2015
Mr. Kumar.
You are wasting time here as yours is not a legal problem, rather it pertains to misunderstanding of administrative rules & procedure.
However, about your non-legal problem, if you try to read between the lines, you can only land in confusions. TA/DA is not regulated by one or two rules of SRs. Read the whole of the book on travelling allowance to understand about TA/DA, more specifically on the issue of training, to find your answer. Although Swamy's traveling allowance made easy is a guide book, yet that gives a lucid description to be understood even by totally layman. You have to read the whole contents of that guide on travelling allowance and daily allowance, not merely a part of page 30.
P. Venu
(Expert) 20 July 2015
The officials are entitled for TA/DA depending upon the mode of conveyance and their entitlement.
kumarjainn
(Querist) 21 July 2015
sir
thanks
it is very confusing.
kumarjainn
(Querist) 21 July 2015
sir
all of us traveled by own car. The distance between office to residence and residence to training center being same as 30 km each in all the three cases. it was therefore not feasible to assemble in office and hire a share taxi.
Guest
(Expert) 21 July 2015
Confusions can be removed only if you read the travelling allowance rules thoroughly.
Go through Swamy's FR&SR Part-II on travelling allowance rules to remove your doubts or to discuss with the PAO of your organisation to remove your doubts on rules and regulations on TA/DA or send your TA bill as per your own perception to the sancting authority to get the response with the nature of objection, if any irregularity is found in your TA bill.
I have already pointed out that this is not a legal problem. You should not have expected from legal experts the solutions to your academic problem pertaining to the administrative rules & procedures.
kumarjainn
(Querist) 21 July 2015
sir
thank you very much.
