of Kerala Vs. Guruvayur Devaswom Managing
Committee & Ors  INSC 1444 (18 November 1996)
LEAVE PETITION (C) NO. 23650 OF 1996 [ CC - 5886/96 ]
O R D
in this special leave petition, filed against the order of the Division Bench
of the Kerala High Court, made on July 2, 1996 in CMP No.31034/95 in OP
No.10608/93, is two-fold, namely the direction to sanction a sum of Rs.7,10,212/-
incurred by one Shri Raghavan, Administrator and the direction to pay a sum of
Rs.35,000/- being monetary consideration for the work done by Raghavan as
Administrator in conducting the examinations. Shri Y.R. Reddy, learned
Additional Solicitor General.
that the amount of Rs.7,10,212/- spent by Shri Raghavan in connection with
conducting the examinations would be dealt with in accordance with the
administrative procedure prescribed by the Dewaswom Committee in that behalf
and the direction for sanction would run counter to the administrative
procedure prescribed in that behalf and it will create unnecessary
complications in scrutinising the accounts and passing the bills towards the
amount spent by Shri Raghavan. It is also assured by Shri V.R. Reddy that if
the expenditure has been spent in accordance with the requirements and
principles, the same will be sanctioned by the competent authority in that
behalf. We need not deal in that behalf at length. Suffice it to state that the
authority competent to scrutinise the amount spent would go into the matter and
pass appropriate orders sanctioning the amount spent by the Administrator in
conducting the examinations.
regard to the second aspect, namely, the direction to pay monetary
consideration in a sum of Rs.35,000/- towards the exemplary work done by Raghvan,
we feel that the High Court, Perhaps found it necessary to direct payment of
the said amount in addition to commendation of the work done by Raghavan. It
being a discretion exercised in an extraordinary situation perhaps, we may not
incline to interfere with the direction. But we make it clear that it would not
be treated as a precedent in every case wherever an officer on deputation does
the work at the directions of the Court; he would also be entitled to monetary
considerations in addition to the normal service and the salary received for
doing that service. We take this decision for the reason that perhaps the
officer did not bargain for such direction for payment in rendering the service
and any notice to him would put him in embarrassing situation and the Court
also will not be in a position to say anything when the matter goes on notice.
In this situation we are not inclined to interfere with the direction issued by
the Division Bench of the High Court in this behalf.
petition is accordingly ordered with the above observations.
(C) NO. /93 (CC-5886/96 ):
to file special leave petition is granted.
this matter, the petitioner is aggrieved of the observations made by the Division
Bench in the aforesaid order. The petitioner states that this Court in Guruvayoor
Devaswom Managing Committee vs. Chairman, Guruvayoor Devaswom Managing
Committee & Ors. [ (1996) 7 SCC 505 ] has upheld the action taken by the
petitioner and, therefore, the observations made were not justified or
warranted. Those observations came to be made without any notice to him or
hearing him. We need not pursue the matter at this end. It would be open to the
petitioner to make an application in the High Court to expunge the remarks and
the High Court would deal with it accordingly.
petition is accordingly dismissed with the above liberty.