IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 864 of 2008(C) PETITIONER: -------------------- K.VIJAYAKUMARAN ACHARY, AGED 61, S/O. M.K.ACHARI, T.C.NO.7/1421, KOCHUKULAM, KATTACHAL ROAD, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013. BY ADV. SRI.D.S.WARRIER SRI.SIVARAM RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL (A & E), M.G.ROAD, P.B.NO.5607, THIRUVANANTHAPURAM-695039. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.864 of 2008 ------------------------- Dated this the 8th day of January, 2008. JUDGMENT The petitioner is currently functioning as the President of the Consumer Disputes Redressal Forum, Kollam. The salary and other allowances for persons appointed as Presiding Officers of different fora constituted under the Consumer Protection Act within the Kerala State is provided in the Consumer Protection Rules, 1989. The said rules were amended as per Ext.P1 notification in 2005. As per Rule 15(c) of the Amended Rules, as extracted in the writ petition, if the appointee is a retired District Judge, appointed on full time basis, he is entitled to last pay drawn, in the scale of pay of the District Judge, plus allowances attached thereto, less the amount of pension including dearness relief, to which he is entitled to, or an honorarium of rupees 15,000 (Rupees fifteen thousand only) per month, whichever is higher”. According to the petitioner, allowances, which a District Judge is entitled to, W.P.(C).NO.864/08 :: 2 :: therefore, becomes part of the emoluments of a person appointed as the President of the Forum on Full Time basis. Apparently, the petitioner is given salary. But the allowances, which are otherwise available to a District Judge, has not been disbursed to him. A representation filed by him for the said allowance as Ext.P3 is pending before the Government, which is the competent authority. Ext.P4 will show that the Accountant General has addressed the Additional Chief Secretary of the Home Department regarding the admissibility of the allowance as sumptuary allowance, medical allowance etc. to a retired District Judge, who is appointed as a Presiding Officer. A reply of the Government in this regard is awaited. Ext.P4 is dated 24.08.2007. After having heard the learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the 1st respondent to take a decision as to the applicability of the W.P.(C).NO.864/08 :: 3 :: allowances granted both under Ext.P2, pursuant to the implementation of the recommendations made by the Shetty Commission, and the directions of the Supreme Court, in the manner provided in Rule 15(c) of the Kerala Consumer Protection Rules, 1989, as amended in 2005. A decision shall be taken within two months from the date of receipt of a copy of this judgment. Thereupon, the allowances due to the petitioner, in terms of the Rules, shall be disbursed to him without further delay. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge