LAWS(SC)-1997-5-17

MOHAMMAD SWALEH Vs. UNION OF INDIA

Decided On May 09, 1997
MOHD. SWALEH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellant has filed this appeal against he order of the central Administrative tribunal, Jodhpur bench, Jodhpur dated 4/5/1995 dismissing OA No. 342 of 1994, rejecting the appellant's claim for additional remuneration for holding current/additional responsibilities of a higher post.

(2.) The appellant was working as Deputy Registrar (Admn. ) in the High court of Rajasthan. On 9/3/1988, the Chairman, central Administrativetribunal appointed the appellant as Deputy Registrar, on deputation in the scale of Rs. 3000-100-3500-125-4500 initially for a period of one year. Appellant was relieved from the High court and he joined in the new post on deputation on 29/4/1988.

(3.) By an order dated 29/4/1988, the Vice-Chairman of the tribunal, in exercise of his powers under Rule 13 of the Delegation of Financial Power Rules, 1978 and as Head of Department, declared the appellant Deputy registrar as Head of the Office of the central Administrative tribunal at Jodhpur and directed that he will exercise powers to incur recurring and non-recurring contingent expenditure to the extent of Rs. 500. 00 for maintenance, upkeeping, repairs of staff cars and miscellaneous expenditure. It was also stated in that order that the above delegation of powers would be subject to the observance of usual economy instructions, provisions of rules and regulations and availability of funds.