IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/263/2025 Mrs. Rosie Dass Vs. The Lieutenant Governor and Others Mrs. Anjili Nag, Sr. Adv. Mr. Deb Kumar Bawali … for the petitioner Mr. Shatadru Chakraborty, Sr. Adv. Mr. Dibesh Dwivedi … for the respondents June 17, 2025 [AKB] Item No.6 This writ petition is filed seeking direction upon the respondent authorities to release the salary of the petitioner in the scale of the District Judge Super time scale as directed by the Hon’ble Supreme Court from the date of her appointment till she discharged her duties. Mr. Shatadru Chakraborty, learned senior advocate appearing for the respondents-Administration submit that the Hon’ble Supreme Court in Writ Petition (Civil) No. 1144/2021 has issued directions upon the State as well as Union Territories to implement the pay and allowances to which member of State Commission, President and members of District Commission were made entitled to. Therefore, the prayer of the petitioner as made in the writ petition for release of salary is duly covered by the direction of the Hon’ble Supreme Court. The Hon’ble Supreme Court has also directed for listing of the matter on 22nd September, 2025 for reporting compliance by the State and the Union Territories. The Andaman & Nicobar Islands Administration is taking steps in order to comply the solemn order of the Hon’ble Supreme Court. He files a copy of the order of Hon’ble Supreme court passed in Writ Petition (Civil) No. 1144/2021 which is taken on record. Mrs. Anjili Nag, learned senior advocate appearing for the petitioner submits that the petitioner has not received any amount since her joining to the post of member of the State Consumer Disputes Redressal Commission. Since direction have been issued by the Hon’ble Supreme Court regarding the entitlement of pay and allowance of member of State Commission, the writ petition may be disposed of accordingly. The Hon’ble Supreme Court in Writ Petition (Civil) No. 1144/2021 issued following directions: “9. Therefore, we direct that Rule 4 of the Model Rules shall be followed by all States and Union Territories with the following modifications till further orders are passed by this Court: (i) A Member of the State Commission shall be entitled to receive the pay and allowances admissible to a District Judge in super-time scale of pay; (ii) As regards the President of the District Commission, we direct that he shall receive the pay and allowances admissible to a District Judge in the super-time scale of pay, as prescribed by recommendations to the 2nd National Judicial Pay Commission; (iii) As far as the Members of the District Commission are concerned, we direct that they shall receive the pay and allowances, as admissible to a District Judge in Selection Grade at entry level, as prescribed by the recommendations of the 2nd National Judicial Pay Commission, (iv) To the categories covered by (i) to (iii), Rules 7 to 9 of the Model Rules will not apply as they will get the allowances and perquisites attached to the posts of District Judge (super- time) or District Judge (selection grade), as the case may be; (v) We also direct that the ‘last pay drawn’ by the Presidents/Members of the State and District Commissions shall be protected, in the event it is higher than the pay and allowances prescribed under these directions. It is obvious that the Members and the Presidents of the State and the District Commission shall be entitled to draw the pay minus pension, if any, admissible to them. (vi) We also make it clear that artificial distinctions such as part-time versus full-time and judicial versus non-judicial for the purpose of the pay and allowances are not contemplated by the 2019 Act. We also make it clear that all individuals who discharge such duties shall be treated as full-time Members/Chairpersons; (vii) We make it clear that the above directions will apply uniformly in all States and Union Territories. However, if any State or Union Territory is paying more remuneration and allowances than what is directed as above, the same shall remain protected; (viii) We direct that the pay and allowances, as directed above, shall be effective from 20th July, 2020. The arrears payable shall be released within a period of six months from today; and (ix) It will be open for the State Governments and the Union Territories to amend the Rules framed by them in exercise of powers under Section 102 of the 2019 Act by making them conform to the directions issued in this order. 10. To be listed on 22nd September, 2025, for reporting compliance by the States and the Union Territories.” In view of the direction issued by Hon’ble Supreme Court as above and also submissions advanced on behalf the respondents- Administration that they are taking steps in compliance with the order of the Hon’ble Supreme Court, the writ petition being WPA/263/2025 is disposed of without any order. Since no affidavit has been called for, the allegations made in the writ petition are deemed to be not admitted. Interim order, if any, stands vacated. All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities. ( Bivas Pattanayak, J. )