Retired Judge Can't Claim Remuneration As Committee Chairman On Basis Of Appointment Without Doing Any Work: Tripura High Court
The Tripura High Court has held that a retired High Court Judge appointed as Chairman of a fee regulatory committee cannot claim remuneration merely on the basis of his appointment when he had not actually performed any work.
The Court noted that the appellant had neither invited applications from private technical institutions nor undertaken any exercise to determine the fee structure during the period for which he sought remuneration.
Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit observed that : “There is no pleading … that the appellant … had conducted any exercise for determination of such a fee structure. Merely because the said committee apparently was constituted on 10.06.2010, the appellant cannot claim remuneration when he had not turned out any work.”
Background:
Justice (Retd.) Alok Baran Pal was appointed by the Tripura Government on June 10, 2010 as Chairman of the Committee constituted to determine the fee structure for private technical institutions in the State.
He claimed remuneration for the period from December 1, 2018, contending that despite his appointment, he was not provided staff, infrastructure or remuneration. The State Government rejected his claim on May 6, 2023, following which he approached the High Court.
The Division Bench held that the appellant could not claim remuneration merely because the Fee Regulatory Committee had been constituted in 2010. The Court noted that there was no pleading or material showing that he had invited applications from private technical institutions or undertaken any exercise to determine their fee structure during the relevant period. Therefore, in the absence of any work performed, no remuneration could be claimed.
The Court also clarified that Justice Jayanta Kumar Biswas' willingness to take over as Chairman in 2016 did not, by itself, reconstitute the Committee. A formal notification by the State Government was required for such reconstitution.
However, the Bench expressed concern that the State Government had kept the Committee “on paper” for almost 23 years, without providing the necessary rules, remuneration, staff or infrastructure. It observed that such inaction had left private technical institutions free to demand and collect fees without effective regulation.
Accordingly, while denying the appellant's claim for remuneration, the Court directed the State to constitute and make the Technical Institutions Fee Regulatory Committee functional, fix the remuneration and service conditions of its members, and provide the necessary staff and infrastructure within one month.
Case Name: Justice (Retired) Alok Baran Pal v/s The State of Tripura
Case No.: WA No.32 of 2026
Date of Decision: 02.09.2026