SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the President of the Consumer Disputes redressal Forum, Kottayam. He was appointed to the said post as per Ext. P1 order dated 3-10-1991. The date of birth of the petitioner is 2-7-1938. He will attain the age of 65 on 1-7-2003. It is the case of the petitioner that he is entitled to continue in the said post till he attains the age of 65 or on completion of a term of 5 years as President of the Kottayam District Forum. But in Ext. P7 personal particulars of the President and members of the Kerala State Consumer Disputes Commission and Consumer Disputes redressal Fora, the age of retirement of the petitioner is shown as 4-3-1995 and the date of appointment is shown as 2-2-1990 and the date of taking charge is shown as 5-3-1990. It is the further case of the petitioner that the entries shown in columns 5, 6 and 7 in Ext. P7 relating to the date of appointment, the date of taking charge and date of retirement are wrong. According to the petitioner, his date of appointment to the post of President is 3-10-1991 and he has taken charge of the said post only on 25-10-1991 and therefore, he is entitled to continue in service upto 24-10-1996. Ext. P6 is the letter wherein government forwarded Ext. P7 particulars to the petitioner. On receipt of Exts. P6 and P7, petitioner submitted Ext. P8 representation stating that the particulars shown in column Nos. 5, 6 and 7 as far as he is concerned are wrong and requested the Government to rectify the mistake. But it is the further case of the petitioner that the said representation was not favourably considered and according to the respondents, particulars shown against Ext. P7 are correct and did not call for any change. PETITIONER, therefore, files this Original petition seeking for issuance of a writ of certiorari or other appropriate writ, direction or order quashing the entries under the columns 5,6 and 7 in ext. P7 as against the petitioner. He has also prayed for issuance of a writ of mandamus or other appropriate writ, direction or order declaring that the date of appointment of the petitioner as President, Consumer Disputes Redressal forum, Kottayam District is 3-10-1991 and his date of taking charge as president of the said Forum is 25-10-1991 and further, his retirement will be on. 24-10-1996. He has also sought for necessary corrections in the service register of the petitioner incorporating the above service particulars and allow him to continue till 24-10-1996.

(2.) WHEN the matter has come up before this Court, this court directed the Government Pleader to get instructions in the matter and thereafter, on 21st February, 1995, on behalf of the respondents, 2nd respondent had filed a detailed statement wherein it is stated that as per 4 notifications dated 2-2-1990, petitioner was appointed by the Government as member in the District Consumer Disputes Redressal Forums of Ernakulam, palghat, Trichur and Idukki and he took charge on 5-3-1990. It is also stated in the statement that in October, 1991, the Government decided to constitute separate forum for each District and thereafter as per Ext. P1 notification, petitioner was appointed as the President of the Kottayam Consumer Disputes redressal Forum and took charge on 25-10-1991. But according to the Government, his five year term stated from 5-3-1990, the date he took charge as Member, consumer Disputes Redressal Forums of Ernakulam, Palghat, Trichur and Idukki and his date of retirement shall be calculated from 5-3-1990, the date on which he took charge as a member of 4 District Forums referred to above and not from 25 -10-1991, the date on which he took charge as President of the Kottayam district Consumer Disputes Redressal Forum.

(3.) THEREFORE, the only question to be decided is whether the above date of retirement shown in Ext. P7 is correct as far as the petitioner is concerned or whether the petitioner can hold office as President of the district Forum till the expiry of 5 years from the date on which he had taken charge as President of the District Forum at Kottayam. The establishment of the district Forum is provided under S. 9 of the Act by the State Government with the prior approval of the Central Government under S. 10 of the Act, the district Forum shall consist of a President and two members having qualifications prescribed under the Act.