IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 8726 of 2011(M) ------------------------- PETITIONERS: --------------- 1. S.CHANDRAMOHAN NAIR, AGED 61 YEARS, S/O. SADASIVAN NAIR, MEENA BHAVAN, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. M.K.ABDULLA SONA, AGED 60 YEARS, S/O. M.K.BAPPUTTY, CIVIL LINE ROAD, AYYANTHOLE P.O., THRISSUR-3. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. THE PRESIDENT, STATE CONSUMER DISPUTE REDRESSAL COMMISSION, THIRUVANANTHAPURAM-695 010. BY GOVERNAMENT PLEADER ADV. MR. ARAVINDAKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8726 of 2011(M) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF SRO NP. 551/2007 VIDE NO. 4324/CA- 1/2007F,CS & CA DATED 25.06.2007 SHOWING THE APPOINTMENT OF THE 1ST PETITIONER AS MEMBER OF THE COMMISSION. EXT.P2 : TRUE COPY OF SRO.NO.320/2008 DATED 27.03.2008 SHOWING THE APPOINTMET OF THE 2ND PETITIONER AS MEMBER OF THE COMMISSION. EXT,.P3 : TRUE COPY OF THE RELEVANT RULES SHOWING THE HONORARIUM OF THE MEMBERS OF THE STATE COMMISSION. EXT.P4 : TRUE COPY OF THE GAZETTE NOTIFICATION VIDE NO. 7793/C1/95/f&CSD DATED 5.6.1998. EXT.P5 : TRUE COPY OF THE CIRCULAR DATED 11.09.2008 CONTAINING THE RECOMMENDATIONS OF DR. P.D.SHENOY, DATED 7.5.2008 EXT.P6 : TRUE COPY OF THE RESOLUTION DATED 15.03.2010. EXT.P7 : TRUE COPY OF THE RECOMMENDATION OF THE 3RD RESPONDENT DATED 15.06.2009 EXT.P8 : TRUE COPY OF THE RECOMMENDATION OF THE 3RD RESPONDENT DATED 27.10.2010. EXT.P9 : TRUE COPY OF THE REPRESENTATION SUBMITTIED BY THE PETITIONERS DATED 28.04.2008 EXT.P10 : TRUE COPY OF THE REPRESENTATION SUBMITTIED BY THE PETITIONERS DATED 9/5/2009 EXT.P11 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DATED 8.2.2010 EXT.P12 : TRUE COPY OF THE SRO.NO.50/2011 VIDE G.O.(MS)No. 2/2011/AD DATED 19.01.2011 AMENDING THE PROVISIONS OF HONORARIUM AND ALLOWANCES. EXT.P13 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE HON'BLE MINISTER FOR FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, KERALA STATE DATED 25.1.2011. EXT.P14 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 31.1.2011. EXT.P15 : TRUE COPY OF THE RULE 7 OF THE BAR COUNCIL OF INDIA RULES. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8726 OF 2011 ......................................................................... Dated this the 28th June, 2011 J U D G M E N T The petitioners, who are members of the Kerala State Consumer Disputes Redressal Commission, have approached this Court with the following prayers: “i) Call for the records leading to Exts. P1 to P15 and peruse the same ; ii) declare that the petitioners are entitled to the pay and allowances as are available to a sitting District Judge as recommended by the Committee constituted under the Charimanship of Dr. P.D. Shenoy, Member of the National Consumer Disputes Redressal Commission with effect from 7.5.2008 as per the latest recommendation of the National Commission. iii) issue a writ of mandamus or any other writ, order or direction commanding the 1st respondent to revise the remuneration of the Members of the State Commission to that of the pay and allowances as are available to a sitting District Judge. iv) issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances W.P.(C) No. 8726 OF 2011 2 of the case. and v) award costs.” 2. The learned Government Pleader appearing for the respondents submits that the petitioners have already approached the Government by filing Ext. P14 projecting their grievances and that it is for the State to take a decision on the same. 3. Mrs. Sumathy Dandapani, the learned Counsel for the petitioners, submits that the petitioners would be satisfied if a direction is given to the first respondent to consider Ext.P14 and take a decision within a reasonable time. After hearing both the sides, the writ petition is disposed of, directing the first respondent to consider Ext.P14 with reference to the contents of Exts.P5, P6, P7 and P8 and such other relevant proceedings and pass appropriate orders in accordance with law, after giving an opportunity of hearing, as expeditiously as possible, at any rate, within three months from the date of production of a copy of the judgment. The petitioners W.P.(C) No. 8726 OF 2011 3 shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk