Kerala High Court
Jacob Stephen vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 22524 OF 2019
PETITIONERS:
1 JACOB STEPHEN, AGED 63 YEARS, FORMER PRESIDENT,
CONSUMER DISPUTES REDRESSEL FORUM PATHANAMTHITTA
DISTRICT, PATHANAMTHITTA, RESIDING AT KAVUMKAL
HOUSE, NELLIKKAMON.P.O., RANNI.
2 G.SIVAPRASAD, FORMER PRESIDENT, CONSUMER DISPUTES
REDRESSEL FORUM, TRIVANDRUM DISTRICT, TRIVANDRUM,
RESIDING AT T.C.17/2005(3), CRA 30(C),
THALAKKONAM, NEAR ANVAR GARDENS, POOJAPPURA.P.O.,
TRIVANDRUM.
3 G.YADUNATHAN, FORMER PRESIDENT, CONSUMER DISPUTES
REDRESSEL FORUM KOZHIKODE DISTRICT, KOZHIKKODE,
RESIDING AT ADOT HOUSE, AJANUR.P.O., KOSDURG,
KASARGODU DISTRICT.
4 LAIJU R., PRESIDENT, FORMER CONSUMER DISPUTES
REDRESSEL FORUM IDUKKI DISTRICT, IDUKKI, RESIDING
AT LAL NIVAS, VENGALLUR.P.O., THODUPUZHA, IDUKKI
DISTRICT.
5 SEENA H., PRESIDENT, FORMER CONSUMER DISPUTES
REDRESSEL FORUM PALAKKAD DISTRICT, RESIDING AT
ASHA NILAYAM, GANESHGIRI, SHORANUR.P.O.,
PALAKKAD.
6 PADMINI SUDHEESH, FORMER PRESIDENT, CONSUMER
DISPUTES REDRESSEL FORUM THRISSUR DISTRICT,
RESIDING AT THEVARUPARAMBIL, KARALAM.P.O.,
IRINJALAKUDA, THRISSUR DISTRICT.
7 JIMMY KORAH, FORMER PRESIDENT, CONSUMER DISPUTES
REDRESSEL FORUM ALAPPUZHA DISTRICT, RESIDING AT
POLAYIL THEKKEDAM, PALLIKKOTTUMMA,
RAMANKARI.P.O., ALAPPUZHA DISTRICT.
8 K.GOPALAN, FORMER PRESIDENT, CONSUMER DISPUTES
REDRESSEL FORUM KANNUR DISTRICT, RESIDING AT
KOROL HOUSE, PANNIYANNUR, AMSOM DESAM,
THALASSERY, KANNUR DISTRICT.
BY ADVS.
THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
WP(C) No.22524/2019
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RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
OF KERALA, SECRETARIAT, TRIVANDRUM-695001.
2 SECRETARY,
DEPARTMENT OF CONSUMER AFFAIRS, GOVERNMENT OF
KERALA, SECRETARIAT, TRIVANDRUM-695001.
3 SECRETARY,
DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA,
SECRETARIAT, TRIVANDRUM-695001.
4 PRESIDENT,
KERALA STATE CONSUMER DISPUTES REDRESSEL
COMMISSION, VAZHUTHAKKAD, TRIVANDRUM-695014.
SMT.SABEENA P ISMAIL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.22524/2019
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JUDGMENT
The above captioned writ petition is preferred by the former
Presidents of Consumer Dispute Redressal Forum of various
districts seeking to call for the records leading to Exts.P3 and P6
orders and Ext.P5 communication and quash the same, to the
extent it affects the right of the petitioners to get pension in
accordance with the scale of pay under which they were
appointed, by issuing a writ of certiorari. It further seeks to declare
that the bar under Rule 15(4) of the Consumer Protection Rules,
2005 (Kerala) denying pension has been rendered otiose by virtue
of Ext.P3 order providing for pension to members of Statutory
Commissions.
2. The short facts of the case is as follows: While
practicing as lawyers in various district courts centres, the
petitioners were selected and appointed as President of Consumer
Disputes Forum. Thereafter, a tremendous change occurred to
the Bar Council of India Rules made under the Advocates Act.
Whereby restraining any person who held an office of judicial,
administrative courts/tribunals/authorities from practicing as an
Advocate before an officer equivalent or lower to the post occupied
by them, which was brought into effect from 16.02.2008. Since the
post held by them is treated as equivalent to the District Judge,
that virtually stopping their practice after expiry of their term.
Hence, sought for the pension and other benefits to them in par
with the sitting judges or those who are retired as District Judges.
3. It is further contended that they being crossed the
middle age it was practically impossible to commence practice
before the Hon'ble High Court or the Hon'ble Supreme Court. On
considering this aspect, Consumer Affairs Department of the State
Government had favourably recommended for the demand for
pension. Similarly, the 9th Pay commission also recommended
that, the presidents of the CDRF are entitled for all monetary
benefits including pension presently enjoyed by the District
Judges, in view of the prohibition under Rule 15(6) of the
Consumer Protection Rules and also considering the amendment
to Rule 7 of the Bar Council Rules. In that circumstances, the
petitioner preferred a writ petition before this Court by filing WP(C)
No.9953/2014 seeking to set aside Rule 15(4) of Consumer
Protection Rules, 2005 (Kerala) to the extent it affects their
legitimate right to availing pensionery benefits and also for other
legal entitlements. Later, that writ petition was withdrawn in the
light of G.O.(P) No.175/2016/fin dated 28/11/2016, which is
produced as Ext.P3. Ext.P3 prescribes a consolidated amount
depending upon the years spent in the service between Rs.7000/-
and 10000/-.
4. The petitioner contended in the writ petition that as per
Section 10(1)(a) of the Consumer Protection Act, 1986, the
petitioner fallen within the category of persons qualified to be
appointed as District Judge, the persons along with them two other
categories also eligible to be appointed as the president of the
Consumer Dispute Forum, i.e., sitting District Judges as well as
retired District Judges. They were granted with pension and other
benefits even though they commences their service afresh as
president of the CDRF on their selection and appointment under
Section 10(1)(a) of the Act. In such circumstances, the petitioners
preferred Ext.P4 representation before the 1 st respondent detailing
the predicament cast upon them after their tenure as presidents of
the Consumer Dispute Redressal Forum of various districts.
5. However, the 1st respondent rejected the same as per
Ext.P5 only on the grounds that, it is not an administratively
feasible option to fix a scale for retirement benefit according to the
post held by the members of various statutory commission.
Service in statutory commissions are for short periods and the
persons who have volunteers for such service have already been
honoured by Government with adequate pay and allowances.
Sanctioning pensionery benefits to such large scale would place
enormous financial burden on the Government. Hence the
petitioners can be considered eligible for retirement benefit as per
G.O.(P) No.175/2016/fin/dtd.28/11/2016 only and cannot be
considered as a distinct group for granting other pensionery
benefits.
6. It further asserts that under KSR Part III, only those
Government employees with a qualifying service of atleast 10
years are eligible for minimum pension. However, in this case of
retirement benefits, for the members of statutory commission, the
persons with even two years of service are also made eligible for
retirement benefits. Here the Government have extended a
special consideration for persons who have served in the statutory
commission and who do not receive any other pensions from the
Government. The retirement benefits should disburse from the
grant-in-aid fund allotted to every commission. Any increase in the
scale of retirement benefits will cause enormous drain on the
resources of these commissions and will mount the revenue
expenditure of the State.
7. This being a denial of the request of the petitioners, the
same was assailed in this writ petition. A counter affidavit was filed
refuting the contentions raised in the writ petition whereby
specifically states that, as per Rule 15 of the Kerala Consumer
Protection Rules, 2005 under Sub clause 4, it is categorically stated
that, the service of the presidents of a Consumer Dispute
Redressal Forum shall not be counted for the purpose of pension.
The grant of pension to the members (non judicial) of CDRF
according to the number of years served, as per G.O.(P) No.175/
2016/fin/dtd.28/11/2016, is a general scheme spanning all statutory
commissions and can be considered as only a token of
consideration extended by the Government.
8. Heard both the sides.
9. It is an admitted fact that, the persons who are eligible
to be appointed as District Judge will be considered for the
selection to the post of President of the District Forum under Rule
15(1) of the Kerala Consumer Protection Rules. On appointment,
they are entitled for the scale of pay admissible to the District
Judge plus allowances attached thereto. However, Rule 15 clause
4 denying pensionery benefit attached to the post of District
Judges. Thereby the predicament faced by them after their tenure
is that, by holding the post equivalent to a District Judge in the light
of amendment carried out to the bar Council Rules will prevent
them from practicing as lawyers before the
courts/tribunal/authorities equivalent or lower to the post, such
officer last presided over. Thereby they are prevented and cannot
set up a practice before the District Courts or other courts of
similar or lower ranks. This will cause much hardships to them
after the terms of 5 years. This is the circumstances in which after
Ext.P3 they preferred representation before the Government
detailing all their grievances.
10. However, the 1st respondent without considering all the
aspects pointed out by the petitioners rejected the same, which
appears to be a non application of mind. Though there is specific
provision with respect to barring pensionery benefits to the
persons appointed as President of the Consumer Disputes District
Forums under Rule 15(4), the predicament which would have been
faced by them after the term of 5 years would have borne in mind
while discarding their demand in the light of Ext.P3. The matter
being policy matter of Government, I am not venturing to interfere
with it. However it would be appropriate if the Government would
have addressed their grievance in Ext.P4 in compassion and
revise Ext.P3 benefits. In such circumstances, particularly
considering the service rendered by them which was equivalent
that to a District Judge Ext.P3 requires an appropriate revision.
11. Therefore, I am of the considered opinion that Ext.P5 is
to be set aside and directed the 1 st respondent to reconsider
Ext.P4 application in the light of the aforementioned discussion
within a period of six months from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
Sd/- P.M. MANOJ
JUDGE
ncd
APPENDIX OF WP(C) 22524/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE EXTRACT OF THE
RELEVANT RECOMMENDATION OF THE 9TH PAY
COMMISSION.
EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT OBTAINED
UNDER THE RIGHT TO INFORMATION ACT,
2005 CONTAINING DETAILS OF THE
ALLOWANCES ATTACHED TO THE POST OF
DISTRICT JUDGES.
EXHIBIT P3 THE TRUE COPY OF THE G.O.
(P)NO.175/2016/FIN DATED 28.11.2016.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION
DATED 7.8.2019 SUBMITTED BY THE
PETITIONERS BEFORE THE RESPONDENT
AUTHORITIES.
