ABDUL KALAM MOHAMMAD HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was a Member of the Indian Administrative Service at the material time. He was due to retire on reaching the age of superannuation on 31/12/1985. On 14/5/1985 the appellant was appointed as the Chairman of the Bihar public service commission. He continued as the Chairman of the Bihar public service commission till his retirement at the age of 62 years on 12/12/1989.

(2.) At the time when the appellant was appointed as the Chairman of the Bihar public service commission the terms and conditions of service of Members of the Bihar public service commission were governed by the Bihar Public Service Commission (Conditions of Service) Regulations, 1960. The material part of Regulations 12 and 13 was as follows:

(3.) The appellant being a Member of the Indian Administrative Service at the time when he was appointed as Chairman, Bihar public service commission, exercised his option under Regulation 13 (1 and was accordingly in receipt of his emoluments as well as pension from the Indian Administrative Service. Since he exercised his option under Regulation 13 (1 he was not entitled to claim any benefit under Regulation 13 (2.