Supreme Court Opines That Salaries Of State & District Consumer Commission Members Should Be Uniform Across Country

The Supreme Court has observed that the salaries and allowances of Presidents and Members of District Consumer Commissions and members of and State Consumer Commissions across the country must, prima facie, be in line with the Consumer Protection (Salary, Allowances, and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules, 2020. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan stated that while doing so, the last drawn pay of the members while they were working as District Judges and government officers would have to be protected. “Prima facie, we are of the view that the pay scales and allowances payable to the President and Members of the District Commission and to the members of the State Commission uniformly across the country must be in terms of the Model Rules brought into force on 20th July, 2020. While doing so, last drawn pay of the incumbents will have to be protected”, the Court observed. The central government submitted that the Model Rules are for the transitory period while the state governments form their own Rules. However, Justice Oka pointed out the lack of uniformity in pays of consumer forum presidents and members across states and opined that an order under Article 142 of the Constitution to implement the Model Rules is appropriate. The Court requested Additional Solicitor General K.M. Nataraj to submit details of the pay scales and allowances applicable to the posts of Deputy Secretary and Additional Secretary in various states by April 25, 2025. He has also been asked to provide data on the pay scales currently applicable to Consumer Forum members in different states, including Uttar Pradesh. The matter is listed for further hearing on April 28, 2025. The Court has earlier indicated that it may make it mandatory for all states to implement the Model Rules if they are amended by the Centre, till the states make their own Rules. On January 7, 2025, the Court directed the Union of India to act on suggestions submitted by Senior Advocate Gopal Sankaranarayanan, who was appointed as Amicus Curiae. The suggestions were to amend the Model Rules to provide a minimum salary equal to the last drawn pay for retired or serving District Judges and Government Officers, a 3 percent annual increment, and arrears from August 18, 2018 for those who served before the Model Rules were brought into force in 2020. On that date, the Court directed the Centre to take a decision on these suggestions and stated that if no solution was found, it would consider using its powers under Article 142 of the Constitution. Thereafter, on March 3, 2025, the Supreme Court directed all state governments to immediately pay the salary and perquisites of the Chairpersons and Members of the State and District Consumer Commissions as per the existing Rules. The court passed the order after noting the grievance of some petitioners that in certain states, the salary and perquisites were not being paid even as per the prevailing Rules. The issue began with multiple petitions, including one filed by a retired District Judge, seeking salary parity between Consumer Forum members and District Judges. The Supreme Court, on February 2, 2023, issued notice to all states regarding the issue. Subsequently, on November 5, 2024, the Supreme Court observed the need to sort out the issues regarding pay and allowances of consumer forum members so that the Consumer Protection Act, 2019 can work efficiently. The Court highlighted that certain members were receiving salaries as low as five figures and requested the Solicitor General of India Tushar Mehta to provide assistance in this matter. Case no. – WP(C) No. 1144/2021 Case Title – In Re Pay Allowance of the Members of The UP State Consumer Disputes Redressal CommissionClick Here To Read/Download The Order

Supreme Court Opines That Salaries Of State & District Consumer Commission Members Should Be Uniform Across Country

Amisha Shrivastava

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