Point of Law - Court must maintain judicial restraint in matters relating to the legislative or executive domain.

JUDGMENT :

S. Manikumar, J.

Instant writ appeal has been filed challenging the judgment in W. P. (C) No. 6746 of 2019 dated 14.01.2021, whereby, a learned Single Judge dismissed the writ petition.

2. Short facts leading to filing of the writ appeal are as hereunder:-

The appellant is the petitioner in the writ petition and an Advocate practicing in the High Court of Kerala and other Subordinate Courts in Kerala.

According to the appellant, in response to the Government notification dated 22.01.2001, the petitioner applied for the post of a member of the District Consumer Forum at Kannur.

As per Ext. P1 dated 05.02.2002, she was appointed as a member of Consumer Disputes Redressal Forum at Kannur. The term of appointment was for a period of 5 years from the date of appointment. She completed the term of 5 years of service as a member and relieved from duty on 11.02.2007.

Appellant has contended that on the basis of several representations submitted before the Government by the members of various statutory commissions, monthly retirement benefit was granted vide Ext. P3 G. O. (P) No. 175/2016/Fin. dated 28.11.2016.

Appellant applied for the retirement benefit, as provided under Ext. P3. The application was forwarded to the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram, represented by its Secretary, and the Registrar, the 3rd respondent, vide Ext. P4. However, the 3rd respondent rejected the said application submitted by the petitioner vide Ext. P5 dated 20.04.2018, on the ground that the above referred Government Order does not have retrospective effect to grant monthly pension benefit.

Appellant has further contended that the limitation prescribed under Ext. P3 in the matter of fixing eligibility is absolutely ultravires and illegal.

Limitation prescribed under Ext. P3 amounts to illegal classification, discriminatory and is violative Article 14, 16 and 21 of the Constitution of India.

Challenging Exts. P3 and P5, W. P. (C) No. 6746 of 2019 was filed.

3. Exhibit P3 Government Order dated 28.11.2016, granting retirement benefit to Non-Governmental members, appointed as members of Statutory Commissions, is as follows:-

“KERALA GOVERNMENT SUMMARY

Department of Finance-Retirement Benefit Granted to Non-Governmental Members Appointed as Members of Statutory Commissions-Issuing the order

Finance (Welfare Wing) Department

Sa. u.(printing) No.175/2016/Eco. Thiruvananthapuram, 2016 November 28

The government has received a number of applications seeking retirement benefits for non-government officials who are appointed as members of the Statutory Commissions. The Government examines the matter in detail and, on the basis of this, grants retirement benefits to non-government officers appointed as members of the Statutory Commissions subject to the following rates and conditions.

ORDER

Eligibility Term of Service	Monthly retirement benefit
Since 2 years and within 3 years	Rs. 7000/-
Since 3 years and within 4 years	Rs. 8000/-
Since 4 years and within 5 years	Rs. 9000/-
Five years and above	Rs. 10,000/-

1. Non-government employees appointed/appointed to the Statutory Commissions on or after 01/01/2006 will be entitled to retirement benefits. The monthly retirement benefit does not have retroactive effect.

2. The welfare relief, minimum pension and family pension declared from time to time are not applicable to the retirement beneficiaries.

3. The minimum eligibility period required for retirement benefit will be two years.

4. Retirement Benefit the Administrator/Regulatory Authority of the Commissions should take steps to disburse from the Grand-in-Aid amount of the respective Commissions.

By order of the Governor

Dr. KM Abraham

Additional Chief Secretary (Finance)”

4. Exhibit P5 letter dated 20.04.2018 is extracted hereunder:-

“Kerala State Consumer Dispute Resolution Commission, Thiruvanant