THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.6427 of 2010 21-04-2010 BETWEEN; Y.Dhilleswara Rao ...Petitioner vs. The Governmentof A.P. rep. by its Ex-Officio Secretary, Consumer Affairs, Hyderabad and another ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.6427 of 2010 ORAL ORDER: (Per GR,J) The writ petition is by a retired District Judge-II , who served in a pos under the A.P. State Higher Judicial Service. After superannuation on 31 07-2004 he was appointed as President of the District Consumer Forum Vizianagaram by the orders of the 1st respondent in G.O.Ms.No.44, date 17-07-2004. The petitioner is aggrieved by the inaction of the 2n respondent in failing to consider the petitioner’s representation dated 22 06-2009 seeking release of the funds for drawal of arrears of honorarium i an amount of Rs.1,23,000/- and seeks a direction to the respondents t pay the arrears of honorarium, as per his representation dated 22-06 2009. There was a delay in fixation of the petitioner’s pension in view o a dispute as to the pay fixation of judicial officers, which was the subjec matter of W.P.© 1022 of 1989 stated to be pending before the Suprem Court. The petitioner pleads in para.4 that pursuant to the orders of th Supreme Court in I.A.No.152 of 2004 in the above writ petition, th petitioner’s pension was finally revised to Rs.12,987/- as agains Rs.8,658/- earlier, vide the amendment order dated 03.06.2009 issued b the Accountant General (A&D) A.P. Hyderabad. The petitioner claim honorarium of Rs.21,525/- per month on the basis set out in para.5 of th writ petition, for the service rendered as President of the District Consume Forum, in terms of the principles set out in G.O.Ms.Nos.26 and 44 According to the orders issued in G.O.Ms.26, the President of the Distric Consumer Forum is entitled to receive a consolidated amount o Rs.10,000/-, provided that if a retired District Judge is appointed on whol time basis, such officer shall receive honorarium of the last salary draw minus pension or Rs.10,000/-, which ever is beneficial to him. In G.O.Ms.No.9 dated 01-02-2006 the 1st respondent issued a amendment to the A.P. State Consumer Protection Rules,1987, i substance amending the earlier orders issued in G.O.Ms.No.26. As pe the amendment, the President of the District Consumer Forum sha receive a consolidated amount of honorarium of Rs.18,000/- per month, a retired District Judge is appointed as the President. However, Rule. 3(6 of the A.P. State Consumer Protection Rules,1987 enjoins that the term and conditions of service of the President and members of the Distric Forum shall not be varied to their disadvantage during their tenure of th office. A learned single judge of this Court in a common judgment date 29.12.2006 in W.P.Nos.3787, 4292 and 4311 of 2006 has held; and in ou respectful view rightly; that in view of the provisions of Rule 3(6) of the A.P State Consumer Protection Rules,1987, variation in the terms o emoluments brought about by the amendments issued in G.O.Ms.No. dated 01-12-2006 would not apply to the President of a District Consume Forum appointed in terms of the honorarium/emoluments prescribed i G.O.Ms.No.26 dated 04-04-2000. The petitioner has also been appointe as a President during the currency of the emoluments prescribed i G.O.Ms.No.26 dated 04-04-2000. In view of the facts and circumstances stated above, the respondent shall re-determine and pay to the petitioner honorarium for the period o his service as a President, District Consumer Forum, Vizianagaram i terms of the orders of the 1st respondent in G.O.Ms.No.26 dated 04-04-2000 duly reckoning the last pay drawn and the pension o the petitioner as now determined. The re-determination of the honorarium and payment of the arrears if any shall be processed by the responden expeditiously, in any event the payment of arrears if any due shall be mad within a period of two (2) months from the date of receipt of a copy of thi order. The writ petition is allowed as above. No order as to costs. ______________ GODA RAGHURAM,J ______________ NOUSHAD ALI,J 21st APRIL 2010. TSNR