VIJAY KUMAR L Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Mr. D. Mazumdar, learned Addl. Advocate General, Assam assisted by Mr. M. Bhattacharjee, learned Addl. Senior Government Advocate, Assam and Mr. R. Borpujari, learned Standing Counsel for the Finance Department.

(2.) By filing this Writ Petition, the petitioners have prayed for a direction to the respondents to pay the minimum scale of pay and other allowances equal to the rank of Deputy Secretary of the State Government, in terms of the Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules, 2020 (hereinafter referred to as "the Model Rules, 2020"), from the date of adoption of the said Rules by the State Government, including the arrears payable by adjusting the amount paid as Honorarium for the relevant period.

(3.) The petitioners, eight in numbers, are serving as Members in various District Consumer Disputes Redressal Forum (hereinafter referred to as 'the District Forum') in the State of Assam. Except the petitioner Nos.1 and 5, others were initially appointed in the year 2013 and 2014 and have been subsequently re-appointed on various dates. The petitioner Nos.1 and 5 were appointed in the year 2020. The petitioners were appointed earlier pursuant to different advertisements. It is contended that the qualification to the post of Members in the District Forum, on which the petitioners were appointed is similar to the advertisement issued in the year 2019. In terms of the advertisement, the candidates must possess Bachelor's Degree from any recognized University apart from being a person of ability, integrity and standing and having adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. The post was shown to be part time and the consolidated honorarium for the post was Rs.600.00 plus conveyance of Rs.150.00 per day of sitting. The petitioners as a Member of the District Forum were appointed and re-appointed, till 2020. The tenure of the Member of the District Forum was for a period of five years or till they attain the age of 65 years, whichever is earlier.