This order was passed because the post of Registrar of the Tribunal at Jodhpur, at that time, was vacant.
When the appellant moved the Central Administrative Tribunal, Jodhpur on the Judicial Side by filing O.A. No.342/1994 the said Jodhpur Tribunal by order dated 4.5.1995 rejected the O.A. and upheld the order dated 20.12.1991 passed by the Central Administrative Tribunal, Principal Bench, on the administrative side.
It is against this order dated 4.5.1995 passed on the Judicial Side by the Tribunal Jodhpur that the appellant has preferred this appeal.
On 30.8.1990 appellant made a representation for payment of additional remuneration for discharging the duties of the post of Registrar.
It was also stated in that order that merely because under Rule 28 3 of the Central Administrative Procedure Rules, certain powers and functions of the Registrar has been delegated to the appellant on 5.5.1988 by the Chairman Vice Chairman, did number help and companyld number be companystrued as a formal appointment to the post as envisaged by F.R. 49.
342 of 1994 rejecting the appellants claim for additional remuneration for holding current additional of a higher post.
Meanwhile, the appellants deputation was being extended from time to time.
Appellant was relieved in the High Court and he joined in the new post on deputation on 29.4.1988.
The appellant made a further representation dated 15.3.1991 for additional remuneration.
In other words, the Principal Bench, Delhi, on the administrative side, rejected the claim of the appellant on the ground that though the appellant was directed by order of the Vice Chairman dated 4.4.1988 to exercise all power and functions of the Registrar as per Rule 28 3 of the Central Administrative Tribunal Procedure Rules, 1987, that was number sufficient for purposes of Rule 49 of the F.R. for allowing additional remuneration to the appellant.
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 power to incur recurring and number recurring companytingent expenditure to the extent of Rs.
A section Officer of Deputy Registrar directed to hold the current charge of the post of Deputy Registrar Joint Registrar Registrar is number entitled to additional pay as Appointing Authority for all group A posts is the President of India.
By another order dated 5.5.1988, the Vice Chairman permitted the appellant to exercise all the powers and functions of Registrar as envisaged by Rule 28 3 of the Central Administrative Tribunal Procedure Rules, 1987.
On 9.3.1988, the Chairman, Central Administrative Tribunal appointed the appellant as Deputy Registrar, on deputation in the scale of Rs.
By an order dated 20.11.1991, his request was rejected by the principal Bench of the Central Administrative Tribunal Delhi stating as follows In this companynection, attention is invited to F.R. 49 where it has been specifically mentioned that a person can be paid remuneration of a higher post only if he is formally appointed to the post with the order of the Competent Authority.
3000 100 3500 125 4500 initially for a period of one year.
JAGANNADHA RAO, J. The appellant has filed this appeal against the order of the Central Administrative Tribunal, Jodhpur Bench Jodhpur dated 4.5.1995 dismissing O.A. No.
The appellant was working as Deputy Registrar Admn.
