K.PREMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who are retired/serving members of the Kerala Public Service Commission ("PSC" for short) are aggrieved by the amendment effected to Clause (2) of Regulation 4 of the Kerala Public Service Commission (Composition and Conditions of Service of Members and Staff) Regulations, 1957, on account of which their pay is fixed after deducting the pension they were drawing by virtue of the service rendered by them under the State Government/Public Sector Undertakings/aided Colleges.

(2.) Petitioners in W.P.(C) No.25723 of 2013 were appointed as Members of the Commission on various dates in 2010, 2011 and 2013. One of the petitioners in W.P. (C) No.28226 of 2007 had already retired in 2007 and the other petitioners therein were sitting members at the time of filing the writ petition in 2007. They are aggrieved by the amendment effected in 2002 which took away the benefit which was conferred by the earlier amendment effected in 1998, based on which the members started getting the benefit of full pay as well as pension attached to the post in which they were working prior to their appointment as members of PSC.

(3.) The appointment of the Chairman and members of PSC are governed by Article 316 of the Constitution of India. As per the Proviso to Article 316 , one half of the members of the PSC shall be persons who at the date of their respective appointments have held office for at least 10 years either under the Government of India or under the Government of the state. Clause 2 provides that a member of PSC of a state shall hold office for a term of 6 years from the date of assumption of office or until he attains the age of 62 years whichever is earlier. Clause 3 provides that a person who holds office as a member of the PSC shall on the expiration of his term of office be ineligible for reappointment to the office. Article 318 provides that in the case of a State Commission, the Governor of the state may, by regulation determine the number of members of the Commission and their conditions of service; it further provides that conditions of service of a member of PSC shall not be varied to his disadvantage after his appointment. Under Article 319 , the Chairman as well as members of the State Public Service Commission shall be ineligible for any other employment either under the Government of India or under the Government of the state. Under Article 322 , the expenses of the state PSC including any salary, allowances and pensions payable to or in respect of members or staff the commission shall be charged on the Consolidated fund of the state.