Union Of India & Ors vs C.N. Vasudevan

UNION OF INDIA & ORS. .......APPELLANT(S)

Versus

C.N. VASUDEVAN .....RESPONDENT(S)

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.

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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

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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. May 07, 2008. ( MARKANDEY KATJU )