Union of India & Ors. V. C.N. Vasudevan [2008] INSC
833 (7 May
2008)
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 7260 OF 2006 UNION OF INDIA & ORS. .......APPELLANT(S) Versus ORDER Heard
learned counsel for the appellant. None appears for the respondent.
The question involved in this
appeal is as to whether the respondent is entitled to grant of
honorarium/remuneration for the period he worked as Protector of Emigrants over
and above his salary as Regional Passport Officer, Ahmedabad.
The respondent was working as a
Regional Passport Officer. He was also assigned the duties and responsibilities
of Protector of Emigrants. He filed an O.A.
before the Central Administrative
Tribunal praying that since the responsibilities of the Regional Passport
Officer and Protector of Emigrants are quite different, he may be paid an
honorarium for working in the latter capacity. His prayer was allowed by the
Tribunal. The High Court, by its impugned order, affirmed the order of the
tribunal.
Hence, this appeal by special
leave.
.......2.
-2- We have gone through the
counter affidavit filed on behalf of the Regional Passport Officer, Ahmedabad
before the Tribunal. It is stated in paragraph 9 of the counter affidavit that
in all 14 Passport Officers were authorised to perform the functions of
Protector of Emigrants so as to decide whether a person intending to depart
from India is
an emigrant or not for the purpose of Emigration Act, 1983. It is also stated
that the duties of Protector of Emigrant were part of the normal duty of the
Regional Passport Officer. It is also stated that the duty of Protector of
Emigrant was to be performed by the Regional Passport Officer during the normal
office hours on working days only. It is further contended that the duties of
Protector of Emigrants are being performed by the Passport Officers and that no
additional duty or responsibility has been assigned to them. According to the
said counter affidavit, therefore, there was no question of payment of honorarium
to the Regional Passport Officer who was assigned the duties of Protector of
Emigrants.
We agree with the aforesaid
contention. Both the High Court and the Tribunal erred in law as well as in
facts in granting honorarium to the respondent. The duties of Protector of
Emigrants under the Emigration Act is part of the normal duties of the Regional
Passport Officer. Hence no extra remuneration has to be paid for the work over
and above ......3.
-3- the salary as Regional
Passport Officer. To give an analogous example, the District
Magistrate/Collector of a district is often also the prescribed authority under
various State and Central Acts for discharging functions under the said Acts.
This does not entitle the District Magistrate/Collector to any extra remuneration
over and above his normal salary.
In the premises aforestated, the
orders of the tribunal and of the High Court are set aside. This appeal is
allowed. No costs.
...........................J.
( H.K. SEMA ) New Delhi;
...........................J.
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