2005 INSC 0851
(Supreme Court Of India)
State of U.P. & Others
v.
Jeet S. Bisht & Another

Interlocutory Application No. 8, 11, 15, 1999 | 27-09-2005

1. Mr. M.N. Krishnamani, the learned Senior Counsel appearing for the
NCDRC Bar Association confines his submissions today only to two grievances
on which we have heard him and Mr. N.N. Goswami, learned Senior Counsel
for the Union of India.

2. It is pointed out that vide statement annexed with the additional affidavit of
Shri S.K. Sharma, President of the NCDRC Bar Association filed on 1.8.2005
(page 538 of the paper book) that there are vacancies in the State Commission
and District Forums in different States which have not been filled up for a long
time. From a perusal of the information contained in the above referred
statement, we find that in particular there are good number of vacancies in the
States of Assam, Bihar, Haryana, Jharkhand, Madhya Pradesh and Orissa. Issue
notice to these States through their respective standing Counsel to ascertain the
facts and to furnish information as to why the vacancies have not been filled up
and how much time will it take to fill up the vacancies.

3. Mr. M.N. Krishnamani, learned Senior Counsel further invites attention to the
Court to the statement contained in para 13 of the affidavit filed by Shri N.S.
Pangtey, Deputy Director, Department of Consumer Affairs, Ministry of
Consumer Affairs, Food and Public Distribution, Union of India (page 156 of
Vol. II in I.A. Nos. 7-8/2003). In is submitted that the proposal for enhancement
of the honorarium and other perks of the Members of the National Commission
has been awaiting consideration and decision of the Government of India for a
long time. Prima facie, we are of the opinion that so far as the Members who
have earlier held office as a Judge or under the Government are concerned, the
formula for payment of honorarium calculated on the basis of last pay drawn
minus pension as very reasonable and commonly accepted formula and there
should not be any difficulty in accepting the same for fixing the honorarium of

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such Members. For such Members as belong to the category other than the one
mentioned above, a reasonable amount of honorarium and perks may be fixed.

4. Let a considered decision be taken in that regard at the earliest and brought to
the notice of the Court. On a prayer made by Mr. N.N. Goswami, learned Senior
Counsel appearing for the Union of India, six weeks' time is allowed for the
purpose. We hope and expect that there will be no delay in taking the decision.

5. List after six weeks.

6. All the pending I.As. shall be taken up for consideration on the next date.

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