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ravipgadi
23-09-2009, 10:29 AM
Two employees have been temporarily transferred to Delhi headquarter on their own request from other units located in different parts of India. More than 180 days have elapsed since their transfer and they wish to stay in headquarter.It is understood that they will not get daily allowance because they have come to delhi on their own request.Till now they were not being paid travelling allowance for their duty in delhi as temporary transfer is treated as tour.But now the employees have started asking for travelling allowance.Can somebody enlighten me on this issue regarding exact rule position.

jitendraacr
24-09-2009, 10:51 PM
Dear friend
Kindly clarify whether the two employees in question were transferred to Delhi or were sent on tour only and if any order is issued for their retention in Delhi. If yes, whether it was on their personal request or due to public interest.
with regards
Jitendra

ravipgadi
25-09-2009, 05:55 PM
Sir,
The employees were temporarily transferred in the same capacity until further orders. It was also written in the order that no TA/DA and joining time will be admissible, as transfer has been made on his own request.This order was issued on 12/08/08 and after that the employee is attending duty in delhi. Now he is asking for transport allowance for attending duties in delhi.

If we see the rule position under transport allowance,it says not admissible to employees during absence from duty for a full calender month due to leave /training / tour etc., on p-185 of swamy's handbook. on p-346 it says that temporary transfer will be treated as tour.so please clarify whether transport allowance for attending duties in delhi can be given or not. he cannot be permanently trasferred due to staff strength. please advise. thanks.
R.P Gadi

jitendraacr
25-09-2009, 10:16 PM
Dear friend
Very first I want to explain the general position. All transfer for a period not more than six months comes under temporary transfer and TA (Travelling allowance) and DA should be admissible up to 180 days. If the transfer continues beyond 180 days, TA will be adjusted in transfer grant and DA will be stopped. However since the transfer was made on their own request and it was clearly mentioned in order that no TA/DA will be admissible. They have no claim on TA/DA.
Now as regards your query, your contention is right, they are not eligible for transport allowance. These are only my views simply based on existing rule position but I wish that some more members come up with different view in the matter.
Jitendra

narayanan
28-09-2009, 12:52 PM
Dear friends,

In this issue the basic facts are follows:

1. Transfer is made on temporary basis.
2. Movement of the employees are not on tour.
3. New headquarters is Delhi.
4. Period of temporory transfer not decided at the time of transfer.
5. Transfer is made on employees' request
6. No TA/DA on the movement.

In my view, the employee is eligible for all allowances equal to that of a permanent employee situated at Delhi since the movement is considered as a transfer even though it is temporory. Therefore, transport allownaces, HRA, are eligible during the period of stay in Delhi. The 'request' factor will deny them 'transfer allowance'.

Narayanan