SUPREME COURT OF INDIA – A GOVERNMENT SERVANT CANNOT APPROACH CONSUMER FORUM FOR RETIRAL BENIFITS

Supreme Court of India

Date of Judgement: 11.07.2013

A government servant can raise any dispute regarding his service conditions or for payment of gratuity or GPF or any of his retiral benefits before any of the Forum under the Act. The government servant does not fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Act. Such government servant is entitled to claim his retiral benefits strictly in accordance with his service conditions and regulations or statutory rules framed for that purpose. The appropriate forum, for redressal of any his grievance, may be the State Administrative Tribunal, if any, or Civil Court but certainly not a Forum under the Act.

[Para 16 of the judgment]

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Amaresh Singh

Advocate Amaresh Singh is a practicing lawyer in Supreme Court of India, Delhi High Court and District Courts of Delhi including Saket Court, Tis Hazari Court, Patiala House Court, Karkardooma Court, Dwarka Court in the field of Civil, Criminal, Corporate, Industry & Labour Laws, Banking and DRT matters, Intellectual Property Rights (Trademark/Copyright) and related cases.