IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 27505 of 2009(G) -------------------------- PETITIONER(S): --------------- M.V.VISWANATHAN, JUDICIAL MEMBER,KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. BY ADV. SRI.K.L.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, FOOD,CIVIL SUPPLIES AND CONSUMER AFFAIRS (C.A) DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF CIVIL SUPPLIES, OFFICE OF COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27505 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE MEMORANDUM DATED 28.1.06 BEARING NO.B1- 874/206(2) EXT.P2- TRUE COPY OF THE LETTER DATED 29.11.06 BY ADDITIONAL SECRETARY TO PETITIONER EXT.P3- TRUE COPY OF UNDERTAKING DATED NIL SUBMITTED BY THE PETITIONER EXT.P4- TRUE COPY OF THE GAZETTED NOTIFICATION DATED 5.12.06 EXT.P5- TRUE COPY OF THE LETTER DATED 19.1.07 BEARING NO.A 2075/06 ISSUED BY THE SECRETARY OF STATE COMMISSION EXT.P6- TRUE COPY OF THE LETTER NO.F 128/07 ISSUED BY THE SECRETARY CDRC, DATED 5.2.07 EXT.P7- TRUE COPY OF THE LETTER DATED 17.4.07 BEARING NO.2296/CA- 1/07/FCS AND CA ISSUED BY SPECIAL SECRETARY EXT.P8- TRUE COPY OF THE LETTER DATED 11.5.07 ISSUED BY THE DIRECTOR OF CIVIL SUPPLIES EXT.P9- TRUE COPY OF THE LETTER DATED 25.5.07 ISSUED BY THE SECRETARY OF CDRC EXT.P10- TRUE COPY OF THE LETTER DATED 14.6.07 ISSUED BY SECRETARY AND REGISTRAR OF CDRC EXT.P11- TRUE COPY OF THE LETTER NO.A 2075/06(ii) DATED 18.6.07 ISSUED BY SECRETARY OF CDRC EXT.P12- TRUE COPY OF THE LETTER DATED 3.10.07 ISSUED BY THE ACCOUNTANT GENERAL EXT.P13- TRUE COPY OF THE LETTER NO.14362/CA-1/07/CAD DATED 5.12.07 ISSUED BY THE SECRETARY TO GOVERNMENT CONSUMER AFFAIRS DEPARTMENT EXT.P14- TRUE COPY OF THE PAY SLIP DATED 29.1.08 ISSUED BY ACCOUNTANT GENERAL EXT.P15- TRUE COPY OF REPRESENTATION DATED 15.10.08 SUBMITTED BY THE PETITIONER TO THE SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS EXT.P16- TRUE COPY OF REPRESENTATION DATED 17.10.08 SUBMITTED BY THE PETITIONER TO THE ACCOUNTANT GENERAL (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).27505/2009 -------------------- Dated this the 31st day of May, 2010 JUDGMENT Petitioner was a District Judge. While serving as Registrar Vigilance, by Ext.P4 notification dated 5.12.2006, petitioner was appointed as Judicial Member of the Kerala State Consumer Disputes Redressed Commission, Thiruvananthapuram. On appointment, his pay was fixed allowing him salary, allowances and other conditions of service as applicable to a District Judge. 2. While so, petitioner attained the age of superannuation on 31.3.2007. Therefore, for the period subsequent to 1.4.2007, he was denied many of the benefits of a District Judge which were allowed to him till then. The matter was taken up with the Government. Ext.P7 was issued to the 3rd respondent clarifying that the petitioner is entitled to salary, allowances and other conditions of service of a Sitting District Judge. 3. Accordingly 3rd respondent issued Ext.P8 to the Registrar of the State Commission enclosing copy of Ext.P7. Even thereafter, W.P.(C).27505/09 2 the Accountant General issued Ext.P12, seeking clarification of the Secretary of the State Commission about the benefits which the petitioner was entitled to. It is in this background this writ petition was filed. 4. Learned counsel for the petitioner contends that in view of the provisions contained in the Kerala Consumer Protection Rules, 2005, petitioner is entitled to salary, allowances and other conditions of service which a sitting District Judge is entitled to and that these benefits cannot be varied to his disadvantage. On the other hand, from the counter affidavit filed by the respondents, it is seen that according to them, entitlement of the petitioner for salary, allowances and other conditions of service of a sitting District Judge was only till 31.3.2007, when the petitioner attained the age of superannuation. It is stated that for the period subsequent thereto, petitioner's entitlement is that of a re-employed retired District Judge. 5. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am inclined to think that the W.P.(C).27505/09 3 petitioner is entitled to succeed. As already seen, at the time when the petitioner was appointed as Judicial Member of the State Commission, he was serving as District Judge. Proviso to Rule 26(2) of the Kerala Consumer Protection Rules, 2005, (in short 'the Rules') provides that in the case of members of the State Commission having judicial background, salary, allowance and other conditions of service shall be the same as applicable to the sitting/retired District Judges appointed on full time. Rule 26 (7) of the Rules further provides that the terms and conditions of service of the members of the State Commission shall not be varied to their disadvantage during their tenure of office. Therefore, if a sitting District Judge is appointed as the judicial member of the State Commission, he is entitled to salary, allowances and other conditions of service which were attached to the post of a District Judge. Once those benefits are given and appointment is made during the tenure of his office, the terms and conditions of service of the appointee cannot be varied to his disadvantage. 6. In this case, at the time of the petitioner's appointment, W.P.(C).27505/09 4 he was a sitting District Judge. It is on that basis, his emoluments were fixed applying proviso to Rule 26(2) of the Rules. Once such a fixation has been given, irrespective of his attaining the age of superannuation during his tenure as a Judicial Member, petitioner is entitled to enjoy the salary, allowances and other conditions of service during his entire tenure, in view of Rule 26(7) of the Rules. If that be so, the Accountant General ought to have acted upon Ext.P7, P8 and P13 extending the entire benefits that are due to the petitioner. Therefore, the writ petition is disposed of clarifying that the petitioner is entitled for salary, allowances and other conditions of service of a District Judge during his entire tenure as Judicial Member of the State Commission in pursuance to Ext.P4 notification. Consequential benefits shall also be disbursed to the petitioner. ANTONY DOMINIC, Judge mrcs