Octroi Department Employees Of Municipal Corp Have No Vested Right To Commission On Fee Collected From Evaders: Bombay High Court
Case: Municipal Commissioner Pune Municipal Corporation and Anr. v. Ashish Laxman Chavan
Coram: Justice Sandeep V Marne
Case No.: Writ Petition No. 8953 of 2018
Court Observation: The employees of Octroi Department perform their duties in apprehending vehicles evading Octroi. For performing their duties, they cannot demand any incentives in the form of commission on the Octroi so collected…no right is vested in the employee of Octroi Department of the Municipal Corporation to claim any amount towards Mushahira from the Municipal Corporation
…the entire system of payment of Mushahira adopted by the Municipal Corporation was dehorse the statutory provisions
Merely because the Municipal Corporation might have paid such Mushahira to its employees in the past would not create any right in their favour to continue to receive it. Municipal Commissioner has rightly discontinued the system of payment of Mushahira, which has no statutory recognition Such system of payment of any amount over and above salary and allowances would create discrimination amongst employees and would be a cause of heartburn for other employees not posted in Octroi Department. Such system would also create unnecessary demand amongst the employees to seek posting in the Octroi Department
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