My Friend's Leave Travel Concession and journey of discovering what is Law

One of my friends enjoyed the LTC after taking approval from competent authority.  He moved along with his family and kids with so much excitement and reached the destination and started enjoying the panoramic view of the sites with all excitement and happiness. When they completed their two days journey suddenly he received the call from office that the LTC they are availing are not as per rule.

This is like an unwanted thunderstorm fall on him. What to do. Whether to continue the holidaying or return Back.  One side Khai and other side Kua. Where to go. Lastly my friend decided that  he should continue holidaying and after return will solve the problem.

My friend with half hearted mood  enjoyed the LTC  after all he has taken his family first time  after their marriage and with such boasting that government will pay EL encashment of 10 days which they use for day to day expenditure .

Moreover my friend family were not alone but also accompanied by another family of his batch mate working in the same place and in the same company. Due to sudden and unexpected  bombardment of missile type information my friend enjoyment was curtailed somehow which he could not show to his family overtly or covertly thinking that his wife and children may not able to enjoy the holidaying after knowing the information. My friend rightly protected the information from reaching his family.

During the holidaying he also gave me a call with all such  details and I assured him that we will see, nothing will happen, we will fight, you simply enjoy and come back.

After he returning  and joining in the office , as expected a departmental   letter was  bombarded to him with information  that you have not travelled in the airline in which you should have travelled as per latest ruling , so your approval for LTC was hereby cancelled.

My friend then started analyzing the rule and searched the clauses, sentence, word of the ruling and instruction issued for LTC so that he can able to restore the benefit which was prematurely cancelled. He already incurred an expenditure of more the 2.5L saved money from salary. Now he has no saving money to meet unexpected need of family.

In the meantime my friend’s friend bill was sanctioned and he received the money. My friend again more frustrated.

My friend wonders who in the same department two set of rule prevails one allow LTC and other disallow LTC. It is told that rule is same for all.  In this case this not appears so.

Then to help my friend I have applied some RTI application for information relating to LTC. But no purpose was solved as department only provided circular which was already available in the net and refused to give any guidelines instruction in this regards.

Then, my friend met different account official, administrative officer telling his problem, all of them assured that do not worry we will look into it. Some gentleman also told that this is audit time and after this time we will process the file as audit usually do not see the files  at that time and we manage to pass the bill.

My friend gets some solace. He prepared the bill and sent it to the account section as this section officer is supposed to be financial expert and very knowledgeable well known with all the rule and regulation.

After receiving the bill everybody started searching the rule so that they able to hinder the passing of bill as already it were denied that my friend could not avail LTC.

Some of the officer has sympathy on my friend as they usually work with him and he is a good knowledgeable officer. They restrain themselves from writing unnecessary in the file although government has never restricted anybody to write a particular thing in the file rather he is free to write whatever he likes and usually officer are writing advice, policy, rule which may not be related to subject matter and also they have habit of writing opposite so that if some vigilance/cbi case occurs then they will not be responsible as they have written opposite to the issue.

Some people in the habit of signing without writing ant think with motive that if some vigilance/cbi case occurs then they tell that he has not given any decision in the either way but just only singed the file as it pass through them.

So file started moving with different remark with speak /spoken language and bouncing back and front for more than six months.

My friend is akin to Arjun and he determined to pass the bill. I advised him to let us file case in the court but he hesitated as it is well known the delay and gamble in the india court. It is well told that only going to court means facing harassment and do not know when the case will be finalized as it may be finalized in next generation.

My friend also found out some clauses in the rule which allow him to avail LTC but  again this may lead to clarification from government again it never comes.

Now he thinks where to go. Definitely   to the Kings Door.  As  it is told that when king desires everything will move according to his desires.

He with lot of hesitation told his plight to the king. As king is very benevolent  and my friend image is already good in his mind assured to help him.

He issue commands to his subordinate that the case must be settled. Now all the subordinate started searching the clauses which suit my friend case any who it is king command.

Officers hesitate as already they have written against it now how they can write opposite. Any who a new file is being prepared and it is started with positive remarks as king has already ordered.

So all the officers stared sending the file in  jet speed. They passed the file without writing anything and file finally reached the authority who supposed to pass. The authority who suppose to pass the file now in   dilemma as who to do it as he has not done it earlier. Finally he thought let us pass it to the King without approving it as it is the king who will finally   responsible.

Now the king also simply sign the file and my friend get all his dues .

Now my friend told me that what was not possible in last six month was possible in few days . It is the king commands that was made matter solved.

My friend now telling that King command is the Law and everybody has to follow it . All the rule is to be aligned according to King command as  Law is nothing but some writing which has different meaning in different occasion.

When I read jurisprudence we read what is Law. There are different school of Law. Historical School, Positive School , natural school, Real American school ,Sociological school and lot mores. Now I found that although law is there it changes it colors according to king view.

Undoubtedly it filter /restrict the king view but it is mould in such a manner that it also approaches the King view.

As Austin rightly point out “Law is the command of King “but also forgotten to  write that it is somehow restricted by already made command and encoded/documented by different King.

Hence I conclude that King made law based on existing rule /regulation and mould it to its own view.