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Pay remuneration to judge who chaired NSA Advisory Board: HC to Tripura govt
Justice Subhasish Talapatra’s April 25 ruling came on petition filed by the retired judge who complained of discrimination, pointing to a retired judge of the Gauhati high court who was paid a judge’s salary when he was chairman of the NSA Advisory Board.
AGARTALA: The Tripura high court has rejected the state government’s offer to pay a former chairman of the state’s NSA Advisory Board a monthly remuneration of ₹5,000 and ordered the state government to pay retired high court judge AB Pal remuneration at the rate of the salary of a high court judge minus the pension.
“The respondents should have avoided arbitrarily determining the remuneration at Rs. 5,000/- per month. It is disgraceful. Moreover, it is apparent discrimination between the similarly situated persons who have held the same position of Chairman, NSA Advisory Board,” the bench of justice Subhasish Talapatra’s said in its order after hearing both sides.
“ .. the respondents are directed to pay the petitioner the remuneration at the rate of the salary of a High Court Judge minus the pension during the said period with other benefits as enjoyed by Justice (Retired) M. L. Singhal. The amount that would accrue in view of the aforesaid direction shall be paid to the petitioner within a period of three months.. . .,” the high court said.
Justice Subhasish Talapatra’s April 25 ruling came on petition filed by the retired judge who complained of discrimination, pointing to a retired judge of the Gauhati high court who was paid a judge’s salary when he was chairman of the NSA Advisory Board.
Retired judge AB Pal said in his plea that he was chairman of Tripura’s NSA Advisory Board from August 7, 2008, to November 30, 2018. The advisory board is mandated to evaluate detention orders issued by the state government under the National Security Act.
During arguments, the state government’s lawyer D Bhattacharjee argued that the judge did not raise the issue about his remuneration as long as he was in the post but only in 2018 when the advisory board was reconstituted. He also argued that only one case was referred to the advisory board during his term.
The retired judge countered the argument, underlining that the remuneration was not connected to the cases brought before the board.
It was also pointed that Pal was also president of State Consumer Dispute Redressal Commission (CDRC) from 2008 to 2017 and chairman of the state’s Police Accountability Commission from 2011 to 2016.
