DIVISIONAL SOCIAL WELFARE OFFICER Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) This is a writ petition filed principally by the State of Maharashtra and other concerned officers, as by an order dated 06.05.2006, the Hon'ble Pension Lok Adalat, High Court Legal Services Sub Committee, Nagpur Bench, Nagpur, in Pre Litigation No. 45/2005 directed the petitioners to work out the entitlement of pension of the respondent and further to implement the order within a period of three months, though there was resistance/objections on merit as well as on the ground of limitation.

(2.) Admittedly, there was no compromise or settlement arrived at between the parties. Admittedly, they have not submitted any compromise or settlement before the Pension Lok Adalat. Admittedly, there was no compromise or conciliation arrived at between the parties before the passing the impugned order, therefore, the present petition as the impugned order is without jurisdiction and beyond the scope of the scheme and purposes of the Legal Services Authorities Act, 1987 (39 of 1987) (for short, 'the Act'). The relevant provisions of the Act are Sections 19 and 20, which are as under:-

(3.) It is very clear from the above provisions that the Lok Adalats can definitely dispose of the matter but only on a compromise or settlement between the parties. In a case where there is opposition or objection to the claim so filed and there is no possibility of compromise or settlement as both the parties are not agreeing to the claim so determined, even though any direction, as noted above, by the Lok Adalats under the Act is impermissible and beyond the scope, power and authority under the Act.