Patna High Court
Adya Sharan Choudhary vs The Bihar State Legal Services ... on 9 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6862 of 2023
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Adya Sharan Choudhary Son of Late Mata Badal Choudhary Resident of
-Mohalla and P.O- Orijot, District- Basti- Uttar Pradesh.
... ... Petitioner/s
Versus
1. The Bihar State Legal Services Authority Buddh Marg, Patna through its
Member Secretary at Buddh Marg, Patna.
2. The Member Secretary, Bihar State Legal Services Authority, Budh Marg
Patna.
3. The District and Sessions Judge -Cum- Chairman, District Legal Services
Authority, Distt. - Kaimur at Bhabhua .
4. The Sub Judge I-cum- Secretary, District Legal Services Authority, Distt -
Kaimur at Bhabhua .
5. The State of Bihar, Through the Principal Secretary, Department of Law,
Government of Bihar.
6. The Principal Secretary, Department of Law, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No.5, Advocate
For the Respondent : Mr. Md. Raisul Haque (SC 10)
Nos. 5 and 6 Binay Kumar, AC to SC 10
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-10-2023
The petitioner, was employed as a Judicial Member
in Lok Adalat Kaimur at Bhabhua between the period
07.05.2010 to 17.04.2013. The petitioner was paid honorarium
at the rate of Rs. 500/- per sitting from May, 2010 to January,
2012 and from February 2012 to June, 2012 at the enhanced
honorarium of Rs. 1,000/- per sitting. The petitioner claims that
even as per the statutory provision as existed prior to
Patna High Court CWJC No.6862 of 2023 dt.09-10-2023
amendment of 2015, the petitioner being a retired Judicial
Officer is entitled to be paid the last salary drawn by such
member, minus the amount of pension paid to him per month.
The petitioner specifically points out that though Section 39(2)
of the Bihar State Legal Services Authority Regulation, 1998
refers to Permanent and Continuous Lok Adalat, he has been
appointed in a Continuous Lok Adalat.
2. We notice that the Authority has dealt with the
various judgments to find that the petitioner was not appointed
as a Permanent and Continuous Lok Adalat. In fact the term has
to be understood together and the petitioner's case itself is that
he is only a Continuous Lok Adalat and not a Permanent one.
3. The order impugned in the writ petition refers to
Life Insurance Corporation of India v. Suresh Kumar, (2011)
7 SCC 491, Interglobe Aviation Limited v. N. Satchidanand,
(2011) 7 SCC 464 and Canara Bank v. GS Jayarama, Civil
Appeal No. 3872 of 2022 to distinguish between a Lok Adalat
and a Permanent Lok Adalat as provided for under the Legal
Services Authority Act, 1987 (for brevity 'L.S.A. Act'). A Lok
Adalat is one constituted under Section 19 of the Act which has
no adjudicatory functions or powers and discharge a purely
conciliatory function while a permanent Lok Adalat is one
Patna High Court CWJC No.6862 of 2023 dt.09-10-2023
established under Section 22B of the L.S.A. Act, exercising
jurisdiction in respect of Public Utility Services, carrying out
both conciliatory and adjudicatory functions. A permanent Lok
Adalat, hence, is one notified under Section 22B of the Act.
Regulation 2(j) of the Bihar Legal Services Authority
Regulation, 1998 also defines Permanent Lok Adalat as a Lok
Adalat constituted under Section 22B of the L.S.A. Act in
respect of Public Utility Services. Section 2(g) of the State
Regulation of 1998 speaks of a Continuous Lok Adalat,
meaning a Lok Adalat constituted under Section 19 of the LSA
Act, which holds sitting continuously and regularly on all
working days of the Civil Court.
4. At the relevant time when the petitioner was a
member of the Lok Adalat between 07.05.2010 to 17.04.2012,
the sitting of a Lok Adalat was contingent upon the fact of
availablity of minimum 5 cases. Hence, there was no continuous
sitting on all working days, as is the practice in Civil Courts. It
is also stated that a Permanent Lok Adalat was notified in
Kaimur at Bhabhua under Section 22B only by Notification No.
4 dated 22.06.2021 of Bihar State Legal Services Authority. The
petitioner, though a retired Judicial Officer as member of the
Lok Adalat, is only entitled to the honorarium which has been
Patna High Court CWJC No.6862 of 2023 dt.09-10-2023
paid.
5. We find absolutely no reason to interfere with
the impugned order of the Chairman of the District Legal
Services Authority, the District and Sessions Judge , Kaimur at
Bhabhua.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Spd/Sharun
AFR/NAFR NAFR
CAV DATE
Uploading Date 13.10.2023
Transmission Date
