GOVINDANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a retired District Judge. He was appointed as the President of the Consumer Disputes Redressal Forum, Thrissur by order dated 8.11.1991. At that time, he had already retired from the post of District Judge. S.10(3) of the Consumer Protection Act provides that the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Fora shall be such as may be prescribed by the State Government. Accordingly, the State Government has issued Consumer Protection (Kerala) Rules, 1987. R.3(1) of the above rules provides for the salaries and other allowances of the President and Members of the District Forum. R.3(1) is extracted below for reference:

(2.) On the basis of the above rule the learned counsel for the petitioner argues that the President of the District Forum shall receive the salary of the Judge of a District court if appointed on whole-time basis or an honourarium of Rs. 150 per day for each sitting if appointed on part time basis. There is no dispute regarding the fact that the petitioner was appointed as President on a whole time basis. If that be so, the petitioner is entitled to get the salary of the Judge of a District Court.

(3.) Ext. P1 order dated. 5.2.1992 is relied on by the learned Government Pleader to contend that the provisions contained in R.100 of Part III KSR must also be governed for the appointment of the petitioner as the President of the District Forum because he is a retired District Judge and therefore, his appointment can be considered only as one of re-employment after retirement. R.100 inter alia states that the pay plus pension and pension equivalent of other forms of retirement benefits shall not exceed Rs. 3,500/-. He will also be allowed to draw the full pension in addition to the pay so fixed but will not be given temporary or ad hoc increase in pension. He will get the basic pension besides the re-employment pay fixed under the rule plus full Dearness Allowance on the re-employment pay. No increment will be earned during the period of re-employment, except in case of military pensioners re-employed in civil posts.