JUSTICE P VENUGOPAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) QUESTIONING the validity of the Order dated 29.06.2005 passed by the respondent rejecting the claim of the petitioner for re-fixation of pension, the present writ petition has been filed.

(2.) THE case of the petitioner is as follows:- THE Petitioner was appointed as Permanent Judge, High Court of Madras on 25.01.1979 and superannuated on 07.12.1981. During the said period, the Government of India has issued a notification dated 29.07.1981 appointing the petitioner as Commission of inquiry to inquire into the incidents relating to the attack on the offices and premises of Tamil Newspapers 'Malaimurasu' and 'Dinakaran". THE notification dated 29.07.1981 reads thus:-

(3.) IT is further stated by the petitioner that during the period between 08.12.1981 and 31.12.1988, he was drawing the same salary and allowances as sitting judge of the High Court. Hence, claiming re-fixation of his pension including the period from 08.02.1981 to 31.12.1988 taking into consideration the terms and conditions of appointment as Commission of Inquiries and Commissioner of Payment has filed WP No. 11222 of 2001 before this Court which was dismissed. Aggrieved by the order or dismissal, the petitioner has preferred SLP (Civil) No. 15450 of 2003 before the Honourable Supreme Court, which was also dismissed on 01.09.2003 with an observation as follows:-