Legal Services Authority Misinterpreted: Karnataka High Court Quashes Notices Demanding Excess Sitting Fees Drawn By Former Lok Adalat Member

A single judge bench of Justice Jyoti Mulimani allowing the petition filed by B. Ranganath Hegde, quashed the Demand notice/ Communications dated 03.12.2012, 08.11.2012, 12.09.2012 and 31.08.2012 issued by KSLSA and District Legal Services Authority by which an amount of Rs 46,900 was sought to be recovered.

The bench said “I hope that such an unfortunate event will never happen.”

Hegde was appointed as a Member of the Permanent Lok Adalat, KSLSA with effect from 21.07.2007. On 13.05.2008, Rule 3 of the Permanent Lok Adalat (other Terms and Conditions of appointment of Chairman and other Persons) Rules, 2003 was amended by the Government of India.

Under the terms of the amended Rules, 2008, payment of a sitting fee per sitting was enhanced to Rs 500 from Rs 400 for the Members of Permanent Lok Adalat. Hegde was paid the sitting fee as per amended Rules until his retirement on 20.07.2012.

Meanwhile, the Chairman of the permanent Lok Adalat K.Radhakrishna Holla was transferred as Chairman of Permanent Lok Adalat, Bangalore. Hence, KSLSA appointed the petitioner to hold additional charge of the post of Chairman of the permanent Lok Adalat, Mangalore. The petitioner held the in-charge post of Chairman from 07.10.2011 to 20.07.2012 and requested to pay an additional charge allowance for holding the post of Chairman in charge.

However, without replying to the representation made by Hegde, dated 11.05.2012, the KSLSA directed him to hand over the charge of the Chairman in-charge of Permanent Lok Adalat. In July, 2012 he retired as a Member of the Permanent Lok Adalat.

He once again requested to pay an additional charge allowance when demitting the post of an officer of In-charge Chairman. To which, he received a communication that he is not entitled to additional charge allowance.

Thereafter, on 31.08.2012, KSLSA issued a Communication to the Chairman of the DLSA to recover a sum of Rs.46,800, being the excess sitting fee stated to have been drawn by the petitioner. The DSLA sent a Communication to the petitioner to refund a sum of Rs.47,200.

Hegde suitably sent a reply to the KSLSA and DLSA requesting them to withdraw the Communication. However, the KSLSA once again sent a Communication/demand notice within a week. Following which Hegde approached the court.

The bench on reading the notification issued by the Central Government said “As I read the Notification, it also makes it clear that every Member of the Permanent Lok Adalat is entitled to the payment of a sum of Rs.500, per sitting.”

Observing that “The Karnataka State Legal Services Authority is the pioneer in making an attempt to resolve the disputes by conducting Lok Adalat. However, in the present case, it has proceeded to contest the litigation.”

The court held “With the utmost respect to the learned Chairman and the Member Secretary and if I may say so, KSLSA and DLSA misinterpreted the Notification and communicated to the petitioner to remit the amount. That was a grave error that should not be allowed to occur again in an unfortunate event of another conflict.”

Allowing the petition the bench advised “What we want to achieve is the most efficient and up-to-date method of resolving the dispute. Mitigate and not litigate.”

Case Title: B Ranganath Hegde And Karnataka State Legal Services Authority & Others

Case No: WRIT PETITION NO. 798 OF 2013

Citation: 2023 LiveLaw (Kar) 85

Date of Order: 10-02-2023

Appearance: Advocate Latha Shetty for petitioner.

Advocate M N Umashankar for R1 to R3.

Advocate Manjunath for Advocate Bipin Hegde for R4.

Advocate KUMAR.M.N, FOR R5