AV

UNDT/2023/118

UNDT/2023/118, Singh

UNAT Held or UNDT Pronouncements

The initial decision to deny the Applicant EGT for the 2021-2022 academic year was modified following management evaluation. The Applicant was granted partial EGT for the 2020-2021 and 2021 2022 academic years, which resulted in a pro-rated recovery of the Applicant’s EGT for the 2020-2021 academic year and the granting of half of his EGT for the 2021 2022 academic year.

Pursuant to staff regulation 3.2(a), staff rule 3.9(g), and sec. 9.1 of ST/AI/2018/1/Rev.1, the Applicant is entitled to one round trip for her daughter during each academic year between her educational institution and his duty station.
The facts show that the Applicant’s daughter travelled from Pristina to Pune on 6 December 2020 and only returned to Pristina on 28 May 2022. Therefore, she only travelled one leg during the 2020-2021 academic year, which ran from 16 August 2020 to 22 May 2021, and another leg during the 2021-2022 academic year, which ran from 16 August 2021 to 21 May 2022.

The 28 May 2022 travel occurred, in fact, within three months following the end of the 2021-2022 academic year. As such, it cannot be considered as a return trip for the 2020-2021 academic year.
It thus follows that the Applicant is not entitled to the travel expenses of two round trips, one corresponding to the 2020-2021 academic year and another corresponding to the 2021-2022 academic year. The force majeure impact of the COVID-19 pandemic has been considered. The amended contested decision is, therefore, lawful.
 

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member of the United Nations Interim Administration Mission in Kosovo (“UNMIK”), contests the decision not to grant him full education grant travel (“EGT”) for his daughter for the 2021-2022 academic year

Legal Principle(s)

Under conditions established by the Secretary-General, travel costs for the child of a staff member in receipt of assistance with boarding expenses and attending school at the primary and secondary levels may also be paid for an outward and return journey once in each scholastic year between the educational institution and the duty station (see staff regulation 3.2(a)).

Outcome
Dismissed on merits

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