M K DEVASSY Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment of this Court was delivered by Bhaskaran, J.-- The petitioner is a retired I.A.S. Officer. It was while he was the Home Secretary of the Government of Kerala that he was appointed Chairman of the Kerala Public Service Commission on 29th March 1967. He retired from the Public Service Commission on superannuation on 26th August 1972.

(2.) What calls for consideration in this writ petition is the scope of the proviso to Regulation.7 of the Kerala Public Service Commission (Composition and Conditions of Service of Members and Staff) Regulations, 1957, hereinafter called the Regulations. Regulation.7 of the Regulations reads as follows:--

(3.) In terms of the All India Services (Death cum Retirement Benefits) Rules, 1958, hereinafter called the Rules, the maximum pension that was admissible in the case of an I.A.S. Officer during the material time was Rs. 8,100 per annum which works out at Rs. 675 per month. The petitioner's case was that he was entitled to receive pension at the rate of Rs. 966 per month, he having been in the service of the Government on the date on which he was appointed a Member (Chairman) of the Kerala Public Service Commission, and as such he was entitled to the benefit of Regulation.7, including the proviso thereto.