'Consumer Forum Members Must Be Paid Properly' : Supreme Court Asks Centre To Decide On Suggestions For Pay, Increments
The Supreme Court recently directed the Union of India to examine and take action on suggestions for minimum salaries, annual increment, and payment of arrears to Presidents and Members of State and District Consumer Commissions.
A bench of Justice Abhay Oka and Justice Ujjal Bhuyan was dealing with suo moto petition concerning the equalization of salaries for members of the Consumer Forum with District Judges.
“If object of the Consumer Protection Act is to be fulfilled, everybody must be paid properly. Otherwise, the kind of members we will get, the kind of chairpersons we will get…”, Justice Oka remarked.
Senior Advocate Gopal Sankaranarayanan, appointed as Amicus Curiae, has proposed amendments to the Consumer Protection (Salary, Allowances, and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules, 2020 to incorporate the following provisions –
- Presidents and Members, whether retired or serving as District Judges or Government Officers, receive a minimum salary equivalent to their last pay drawn.
- A 3 percent annual increase in salaries for Presidents and Members.
- Payment of arrears from August 18, 2018, to those serving prior to the implementation of the 2020 Model Rules.
The Court directed the Union of India to consider the Amicus Curiae's recommendations and take appropriate action.
“We direct the Union of India to look into the suggestions made by the learned Amicus Curiae and take an appropriate decision on the issue of amending the aforesaid Model Rules”, the Court directed.
The matter to be listed for further hearing on March 5, 2025, at 2:00 PM.
The court had earlier indicated that it would pass an order mandating all states to implement the Model Rules, if amended.
During the hearing, Justice Oka mentioned that another option with the Court is to hear all parties and pass directions under Article 142 of the Constitution.
However, Additional Solicitor General KM Nataraj said that the Union Government would hold a meeting with relevant stakeholders and get back to the Court regarding the amendment.
Background
The matter originated from a batch of pleas, one of which was filed by a retired District Judge. These pleas sought parity in salaries between the members of State Consumer Dispute Redressal Commissions and District Judges. The Supreme Court, on February 2, 2023, issued notice to all states regarding the issue. The petition also included a plea for extending the tenure of State Commission members, which the Court declined.
Subsequently, on November 5, 2024, the Supreme Court observed the need to sort out the issues regarding pay and allowances of consumer forum members so that the Consumer Protection Act, 2019 can work efficiently. The Court highlighted that certain members were receiving salaries as low as five figures and requested the Solicitor General of India Tushar Mehta to provide assistance in this matter.
Case no. – WP(C) No. 1144/2021
Case Title – In Re Pay Allowance of the Members of The UP State Consumer Disputes Redressal Commission