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2006 DIGILAW 237 (SC)

State of U. P. v. Jeet S. Bisht

2006-02-28

P.P.NAOLEKAR, S.B.SINHA

body2006
JUDGMENT : 1. It is stated by Mr. Pradeep Misra, learned counsel for the State of U.P. that a piece of land measuring 7900 sq.mtrs. by the side of proposed site of the High Court at Gomti Nagar has been allotted, pursuant to the directions of this Court. We were told that the said proposal has been accepted by the Chairman of the State Commission. It is further stated that all formalities as regards grant of site would be completed within four weeks. An affidavit filed by State of U.P. in this behalf is placed on record. Mrs. Shobha Dixit, learned senior counsel appearing on behalf of the Bar Association of U.P. states that although the area of the land is less than 10,000 Sq.mtrs. As directed by this Court, she with have no objection for allotment of the land as the Chairman of the State Commission has agreed. W.P. (C)No.164 of 2002: 2. Pursuant to this Court's order dated 27th September, 2005, an affidavit has been filed by the Union of India affirmed by one Shri P. Venkatesan, Director of the Department of Consumer Affairs in the Ministry of Consumer Affairs, Food & Public Distribution, New Delhi, stating that the Ministry of Finance (Dept. of Expenditure), after discussing the matter with the concerned Ministries, has decided to implement the following proposal: (i) To enhance the honorarium of the Members, NCDRC from Rs. 10000/ - to Rs.20000/- per month OR last pay drawn minus pension as may be opted by the Hon'ble Members. (ii) HRA @ Rs.6000/- per month to Members who are not availing Government accommodation. (iii) Enhancement of conveyance allowance from Rs.150 per day of sitting or Rs.1500/- per month to Rs.500 per day of sitting. 3. Having heard Mr. M.N. Krishnamani, learned senior counsel appearing for the petitioner and the learned Additional Solicitor General, we are of the opinion that in this behalf the opinion of the Chairman of the National Consumer Disputes Redressal Commission may also be solicited. The learned Addl. Solicitor General states that a copy of the affidavit shall be handed over to the Chairman of the National Commission and he shall also discuss the matter with His Lordship. 4. So far as the existing vacancies in the State of Madhya Pradesh is concerned, Dr. The learned Addl. Solicitor General states that a copy of the affidavit shall be handed over to the Chairman of the National Commission and he shall also discuss the matter with His Lordship. 4. So far as the existing vacancies in the State of Madhya Pradesh is concerned, Dr. N.M. Ghatate, learned senior counsel appearing on behalf of the State, refers to an affidavit affirmed by one Shri G.D. Palo, Registrar, Madhya Pradesh State Consumer Disputes Redressal Commission wherein it has been stated that 34 posts of members of several District Forums are lying vacant, out of which selection of names in respect of 7 posts have been finalised by the State Selection Committee. For the rest of the vacant posts advertisement has been issued at the State level in newspapers. It has further been stated therein that one post is lying vacant in the State Consumer Disputes Redressal Commission 5 due to the death of one member namely Mr. B.L. Khare for which selection process is going on. In view of these facts, it is directed that the State of Madhya Pradesh should fill up all the vacancies within eight weeks from date. 5. It appears that despite our order dated 27th September, 2005, the States of Bihar, Jharkhand, Assam and Haryana have not filed any affidavit. Let the Registry serve 5 notices upon the respective standing counsel to file such affidavit within three weeks. That if no affidavit in compliance is filed within the said period, the Secretaries of the Department of Food and Civil Supplies of the concerned States would be asked to remain present in person in the Court on the next date of hearing. Mr. Krishnamani, learned senior counsel states that he will also take steps to serve the standing counsel of the respective State. 6. Mr. Janaranjan Das, learned counsel appearing on behalf of the State of Orissa states that an affidavit has been filed by him wherein it was indicated that only one post is lying vacant. We direct that every endeavour shall be made to fill up the said post within ten weeks. Writ Petition No.548/2003 be treated as I.A. in SLP(C) No. 6928/1999 and W.P. (C) No. 164/2002 and may be posted along with these matters. 7. I.A.No.8 is disposed of accordingly. 8. Post after six weeks.