S.S. GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who had been appointed as President of the Consumer Disputes Redressal Forum, Sikar while he was still a Member of the Rajasthan Higher Judicial Service and is functioning as a President of the Forum has filed this writ petition challenging the orders dated 9/12/1996 (Annex-4) and 1.4.6.1996"(Annex. 5), by which the respondent-State of Rajasthan has passed an order deducting the salary and total emoluments of the petitioner. The reason for such deduction is based on the logic that the petitioner having retired as a Judicial Officer and thereafter continuing as President of the Consumer Forum, amounts to reappointment and, hence, after superannuation from the Rajasthan Higher Judicial Service (RHJS. for short) the petitioner would be entitled to the salary and emoluments according to Rule 337 of the Rajasthan Service Rules. 1951. The question, therefore, which requires determination in this writ petition is whether the petitioner is entitled for the salary and emoluments payable to a full time President of a District Consumer Forum as per Sec. 10(2) of the Consumer Protection Act, 1986 read with Rule 3(1) and (6) of the Consumer Protection (Rajasthan) Rules, 1987 or he is entitled for the salary and allowances in terms of Rule 337 of the Rajasthan Service Rules, 1951.

(2.) In order to decide this core question, the case in its essential details are elaborated herein as under :

(3.) The petitioner while he was a member of the Rajasthan Higher Judicial Service and was functioning as a District Judge was appointed as President of the Consumer Disputes Redressal Forum, Sikar, vide order dated 2.6.1994 by the Food and Civil Supply Department, Government of Rajasthan under the provision of Sec. 10(1) of the Consumer Protection Act, 1986. The petitioner was accordingly relieved by the Rajasthan High Court vide its order dated 18.6.1994 to join his posting as President of the District Consumer Forum, Sikar and accordingly the petitioner joined on the said post, on 18.61994. From then onwards, the petitioner is functioning continuously on the said post till date. The further case of the petitioner is that under the provisions of Sec. 10(2) of the Consumer Protection Act, 1986, the appointment of President of Consumer Forum is for a term of five years, or upto the age of 65 years, whichever is earlier, and after completion of the said period no person shall be eligible for reappointment according to the said provision: The petitioner was also appointed as President of the Forum, on similar terms and conditions. In so far as the salary and other allowances of the President and Members of the Forum are concerned, the State Government framed the Consumer Protection (Rajasthan) Rules, 1987, which governs the terms and conditions of the President and Members of the District Forum relating to salary and other allowances and Sub-rule (1) of Rule 3 envisages that the President of the District Forum shall receive the salary of the Judge of the District Court, if appointed on whole time basis., in order to be precise, the relevant rule is quoted herein as follows