Supreme Court Asks NALSA To Consider Plea For Better Pay Scale Of Permanent Lok Adalat Members
"It's a kind of voluntary service. If not workable for you (a member), leave it" CJI Surya Kant remarked.
While hearing a plea seeking better pay scale for Permanent Lok Adalat members, Chief Justice of India Surya Kant today said that Permanent Lok Adalat members render a voluntary service and cannot demand pay parity with others.
"These are part of the legal aid scheme. If you find that it's not workable, please leave it. It's a kind of voluntary service. There are retired judges, advocates who offer their services. These are not kind of services where conditions of service, parity, equality these things will apply. [Legal Service] Authorities have their own limited funding, they have to equitably distribute their funds and see which are the priorities...it varies from state to state that what kind of financial aid under different Act", the CJI observed.
"Even if I want to help them, I may not be in a position because there is structural change required in the routine allocation of funds. There are challenges to be addressed on administrative side", he added.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with a petition filed by 14 Permanent Lok Adalat members seeking a structured, reasonable and dignified pay scale, preferably on a monthly basis, at par with the Chairman of Permanent Lok Adalat and other judicial forums.
Senior Advocate Karuna Nundy, for petitioners, highlighted that earlier, Permanent Lok Adalat members were only looking at public utility matters. But now, the scope has expanded to banking, NBFCs, housing, education, etc. She urged that the pecuniary and subject matter jurisdictions have expanded dramatically.
"Last year, they disposed of 660 crore worth of cases. The work they are doing is very important", Nundy emphasized. She added that representations have been made and two matters taken to High Courts, but the matters keep getting relegated back to the authorities.
Referring to the suo motu case pertaining to pay scale and service conditions of consumer forum members, the senior counsel clarified that the petitioners were not seeking parity. Rather, they were seeking something better for themselves.
"These people have to work constantly at the district level, and they cannot do any other work. Rs. 2500 are paid for every sitting. They get about Rs.25000-50000 whereas an equivalent member at a District forum gets Rs.1.6 lakh after this court's order", Nundy underlined.
Ultimately, the bench directed that a copy of the writ petition be forwarded by the Registry to the NALSA Member Secretary to be considered as a representation by NALSA Governing Council. "It will be appreciated if NALSA takes an appropriate decision in the matter at the earliest", it said, giving the authority 4 months' time.