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2001 Supreme(Raj) 298

A.R.LAKSHMANAN, ASHOK PARIHAR
State of Rajasthan – Appellant
Versus
Shyam Sunder Gupta – Respondent


Advocates Appeared:
Jagdeep Dhankar, Sr. Advocate with Rajendra Prasad Sharma and Sushil Sharma, for Petitioner R.N. Mathur, Additional Advocate General O.P. Sharma, for Respondent No.2

Honble LAKSHMANAN, CJ.–These two cases raise an interesting question of law as to whether pension can be deduced from the salary of a member of Rajasthan Higher Judicial Service holding the assignment of a President of District Consumer Forum continuing as such after superannuation in the RHJS. The other questions of law would also arise for consideration in these two cases to which we will refer to it later.

(2). Shyam Sundar Gupta, respondent in Special Appeal No. 796/97 was appointed as President of Consumer Disputes Redressal Forum, Sikar vide order dated 2.6.1994 by the State of Rajasthan under Section 10(1)(A) of the Consumer Protection Act, 1986. He was relieved from the post of District Judge on 18.6.94 and he joined his new posting as President of District Consumer Forum on 18.6.94 and he has been working as such since then. The respondent attained the age of superannuation of District Judge on 31.5.95. He got his pension decided and commuted and got the released amount of his gratuity and General Provident Fund amount, State Insurance, leave encashment etc. and thus took about Rs. 5 lacs from all these heads as is apparent from the order of the learned Single Judge. The gr



























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