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MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE HELD ON 29.04.2023 AT 11.00 AM IN CENTRAL ACADEMY FOR POLICE TRAINING, BHOPAL
The Office Bearers who were present in the meeting, appended their signatures on a separate sheet which forms part of the minutes.
Hon’ble Justice Ramesh Garg, Chairperson, Madhya Pradesh State Chapter and Hon’ble Justice O.P. Srivastava, Chairperson of U.P. State Chapter as invitees, graced the meeting. Justice V.S. Dave, Patron of the Association and Justice S.N. Agnihotri, Secretary, participated virtually.
The quorum of the meeting was complete.
The President Justice K.L. Sharma, presided over the meeting. At the outset, the President welcomed all the Office Bearers and the Invitees who attended the meeting.
The Secretary General, Justice Mahendra Dayal presented his notes on each item of the agenda.
Agenda No.1 - Confirmation of the minutes of the Executive Committee held on 7th January, 2023 at Gujarat Judicial Training Academy, Ahmadabad.
Resolved that the minutes of the meeting dated 7th January, 2023, be confirmed and the same are hereby confirmed.
Agenda No.2 - Information about the new members.
The Secretary General informed that since last May 2022 till 31st March 2023 fifty eight new members have joined the Association as life members. Their names were also read out by the secretary general.
Justice D.K. Trivedi, Vice President, mentioned that the names of those retired judges who had become members and submitted their prescribed applications forms and deposited fees and were duly registered by the then clerk in the registered office of Delhi High Court, have not been shown in the list of the members of the state chapter. It was assured that their names will be shown in the list of the members of the Gujarat state chapter and uploaded on the website of the Association and also on the whatsapp Moblie No. of the Association.
Agenda No. 3 - Consideration of the report of Justice J.K. Ranka, Secretary In charge of the State Chapters.
Justice J.K. Ranka read out his report regarding the State Chapters. He pointed out that the hon’ble Justice N.C. Jain nominated Chairperson of Chandigarh State Chapter is physically unable to act and has therefore refuse to be the Chairperson. Justice J.K. Ranka was advised by the President to submit the alternative name of the member of the State Chapter after obtaining his consent to be chairperson of the State Chapter and thereupon the Secretary General will submit the proposal for nomination of the alternative Chairperson of the State Chapter.
Hon’ble Justice V.D. Gyani, Vice President, pointed out that the members of the southern States do not come to attend the meeting of the Executive Committee and General Body and remain out of touch and that is why the retired judges of the Southern State High Courts are not becoming member of the Association. He suggested that a team of at least four members be formed to visit the southern States and contact the retired judges to become members and form the State Chapter and participate in the meetings of the Association. This suggestion was accepted. A committee of following four members was constituted with their consent:
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Hon’ble Justice V.D. Gyani – Team Leader
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Hon’ble Justice P.S. Gopinathan
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Hon’ble Justice D.K. Trivedi
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Hon’ble Justice Ramesh Garg
Agenda No.4 Consideration of the report of Justice S. N. Agnihotri, Secretary In charge of litigation.
The report prepared by Justice Agnihotri was read out by the Secretary General. Justice D.K. Trivedi, suggested that the interpretation clause introduced by amendment of the High Court Judges (Salary and Conditions of Service) Act by the Parliament, after the dismissal of the SLP in the Hon’ble Supreme Court filed by the Union Government. The Hon’ble Members discussed the matter. It was resolved that the interpretation be challenged before the Hon’ble Supreme Court on the basis of the grounds to be prepared by the Hon’ble Justice D.K. Trivedi who will send the same to Justice N.K. Mody for filing the writ petition before the Hon’ble Supreme Court and Hon’ble Justice S.N. Agnihotri will sign the vakalatnama for and on behalf of the Association.
Agenda No.5 Consideration of the Audit Report for the Year 2021-22
The Audit Report prepared by M/s Kashyap and Sikdar Company New Delhi, for the financial Year 2021-22 was placed before and approved by the Executive Committee.
The Auditor pointed out from perusal of the previous years balance sheets that under the head capital assets, a printer worth Rs. 13,000 has been shown but the charge list of handing over the assets and records of the Association by the outgoing President does not show the existence of the printer. On inquiry made telephonically from the patron Hon’ble Justice A.K. Srivastava, it was pointed out that the printer had been damaged and became unserviceable and unreparable before the onset of the COVID Pandemic and it was left with the staff of the High Court but in the mean time that staff retired and his where about could not be traced out and as such the physical possession of the printer could not be got and handed over. In such circumstances it is proposed that the said printer be written off ex-post facto. It was resolved that the aforesaid printer be written off ex-post facto.
Agenda No.6 - Consideration of the financial statement of the year 2022-23
The Financial Statement of the year 2022-23 was read over by the Secretary General and was approved by the Executive Committee.
Agenda No.7 - Consideration of the Annual Report about the activities of the Association during the financial year 2022-23.
The Annual Report about the activities of the Association during the financial year 2022-23 was read over by the Secretary General and was appreciated by the Executive Committee.
Agenda No.8 - Consideration of the proposal for the budget estimated for the year 2023-24.
The Secretary General read over the details of the estimated budget for the financial year 2023-24. The Executive Committee resolved that these estimates of receipts and expenditure be put up before the General Body for approval.
Agenda No.9 - Consideration and Approval of the logo of the Association.
The Hon’ble Members considered the available two types of logos and approved the following logo suggested by Hon’ble Justice I.S. Srivastava.
The Hon’ble Members may now use the approved logo of the Association on their letter heads and visiting cards.
Agenda No. 10 - Consideration about the disparities in the pensions payable to the retired Judges.
Hon’ble Justice I.S. Srivastava elaborately explained the disparities in the pensions payable to the judges of the High Court which have been created by the State Government granting age related additional pension to the retired district and session judges on the attainment of the age of 75 years at the rate of 20% and subsequently increasing after every five years by another 10%, whereas the retired High Court judges are getting age related pension only after attainment of 80 years and consequently getting less pension than that of the retired district judges. This disparity can be solved only by amendment of the High Court Judges (Salary and Conditions of Service) Act, by the Parliament.
After discussions it was agreed that Justice I.S. Srivastava will prepare a draft of letter in this regard to be sent to the Hon’ble Union Law Minister by the President of the Association for necessary amendment of the High Court Judges (Salary and Conditions of Service) Act.
Agenda 11- Proposal for the appointment of the Auditor for the next Financial Year 2023-24.
The Secretary General informed that last year Executive Committee in its first meeting held on 23rd July 2022, in the registered office Delhi High Court Campus had appointed in exercise of the power delegated by the General Body in its Annual Meeting dated 24th April 2022, Agarwal Shailja & Associates at Lucknow for the year 2022-23. It is now proposed that the same auditor be appointed for the financial year 2023-24 on a fee of Rs. 15,000 + GST.
It was resolved that this proposal may be put up before the General Body in its meeting to be held in the afternoon today.
Agenda No. 12- Consideration of the Date, Time and Venue of the next meeting of the Executive Committee to be held in the month of July 2023.
Justice V.D. Gyani Vice President suggested that the next meeting should be held in the south. Justice P.S. Gopinathan proposed that the next meeting of the Executive Committee be held at Kochi (Kerala) which will be hosted by the Kerala State Chapter. It was resolved that the next meeting of the Executive Committee will be held in Kochi on 22nd July Saturday 2023 at 11 am.
Agenda No. 13- Any other matter with the permission of the chair.
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Justice O.P. Srivastava, Chairperson U.P. State Chapter suggested that since the retired Judges of the High Court residing at Prayagraj, are not members of our Association and are running a parallel Association, they may be approached and persuaded to join U.P. State Chapter as unit no. 2 after taking the life membership of our Association.
The suggestion is laudable but the facts are that the office bearers and the members of the retired judges Association at Prayagraj have been approached more than once in the past but they refused to become members of our Association and also refused to be affiliated to our Association. There is no concept of any unit of the State Chapter under the Rules of the Association. There is of course a provision for affiliation of any other independent Association of Retired High Court Judges on their request but they do not want to request even for affiliation.
2. Justice O.P. Srivastava, Chairperson of U.P. State Chapter proposed that the Association should allocate some fund to the State Chapter for carrying on its activities.
This suggestion is neither financially feasible nor practical because the funding will involve accounting, bank account and annual audit which is not permissible under the Rules of the Association. The Association Rules 2022 provide under Rule - “25. Finances of the State Chapters :-The expenses required to be incurred in the activities and functions of the State Chapters will be borne by the members of the State Chapter with their own contribution or any other arrangement as they themselves decide.”
The meeting ended with thanks to the Chair.
Approved
(Justice K. L. Sharma)
President
(Justice Mahendra Dayal)
Secretary General
The minutes of this meeting be uploaded on the Association website www.arjschc.com .
The minutes of the meeting be circulated by email and whatsapp to the Hon’ble Patrons and all the Members of the Association.
(Justice Mahendra Dayal)
Secretary General
