CHIEF DEVELOPMENT OFFICER vs SARJU PRASAD NIRMAL

THIS appeal has been filed by the Chief Development Officer, Allahabad and Block Development Officer, Jasra, Allahabad against the judgment and order passed by the District Consumer Forum, Allahabad on 10.8.1993 in Complaint Case No. 381/1993.

THE facts of the case stated in brief are that the complainant, Sarju Prasad Nirmal before his retirement was posted in the Block Office at Jasra, Allahabad as Gram Vikas Adhikari. THE complainant filed a claim of Rs. 18,087.10 before the District Consumer Forum, Allahabad in respect of the outstanding amount of his arrears of pay, travelling allowance, house rent allowance etc. THE opposite party, Chief Development Officer and Block Development Officer in the written statement stated that the claim lodged in the Forum is not covered under the Consumer Protection Act. It is also stated that certain amounts due to be paid to the complainant were not given because the requisite certificate was not given by him. THE stand of the opposite party was that such type of case should be tried by Public Services Tribunal and not by the Consumer Forum. THE District Consumer Forum, Allahabad decreed the claim of the complainant and awarded a sum of Rs. 18,087.10 alongwith 18% interest per annum. Aggrieved against this order the opposite party has came up in appeal and has challenged the correctness of the order passed by the District Forum. In the memo of appeal, it has been stated that the claim decreed by the Forum was beyond its jurisdiction and the matter related to the service conditions of the complainant and the same could have been lodged with the U.P. Public Services Tribunal. It has also stated that the dues of the complainant have been cleared and some other dues will be cleared after completion of the formalities because the complainant had not submitted the certificate of residence etc. The complainant appeared before this Commission on 22.7.1997 but thereafter did not put up appearance.

We have gone through the correspondence placed in the file and also the affidavit of the concerned official of block has been perused. It has been stated that whatever amount was due to the complainant, the same has been paid.

WE have also heard the arguments of the learned Counsel for the appellant Mr. M.H. Khan. WE agree with the plea forwarded by the learned Counsel that this case is not triable by the Consumer Forum. This matter relates to the payment of wages and other allowances of a government servant and the right Forum to be approached is U.P. Public Services Tribunal. As such the appeal is liable to be allowed and the judgment and order of the District Consumer Forum, Allahabad is to be set aside. ORDER The appeal is allowed and the judgment and order dated 10.8.1993 of District Consumer Forum, Allahabad in Complaint Case No. 381/93 is set aside. The payment already made to complainant shall not be recoverable as due amount has been paid. Let copies be made available to the parties as per rules. There will be no order as to cost. Appeal allowed.