KUPPU RAO R Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was working as Indian Administrative Service (IAS) Officer and had worked in various capacities in the Central Government and in the State Government. He was offered an appointment as Administrative Member in the Andhra Pradesh Administrative Tribunal by letter dated 16-12-93. He gave his consent for such appointment on 10-1-94. At the time the offer was made to him he was working as Special Chief Secretary to Government of Andhra Pradesh and was drawing salary at Rs.8,000.00 per month. The total emoluments were Rs.13,240.00 per month. In order to seek appointment as Member of the Tribunal he had to seek voluntary retirement which he sought with effect from 30-4-1994. He was appointed as Administrative Member of the Tribunal on 4-2-94 and took charge in April, 1994 after relinquishing the office with the State Government. When he gave his consent for appointment as a Member of the Tribunal he had stated in his acceptance letter that;

(2.) The Andhra Pradesh Administrative Tribunal has been created under the Administrative Tribunals Act. 1985. The power to enact such law was granted under Articles 323-A and 323-B of the Constitution which were incorporated in the Constitution by 42nd Amendment. It enabled the Parliament to provide by law for adjudication of disputes or complaints by the Administrative Tribunals with respect to recruitment and conditions of service of persons appointed to public services and in connection with the affairs of the Union or the State. The Government also in terms of Section 35 of the said Act issued notification No.25 on 26-10-1989 known as 'The Andhra Pradesh Administrative Tribunal (Salaries, Allowances and Conditions of Service of Chairman, Vice Chairman and Members) Rules, 1989'. In this Writ Petition Rule-3 of the said Rules has been challenged as ultra vires, illegal, unjust and discriminatory.

(3.) Now, in the context of the assertions made in the writ petition it has to be seen whether Rule -3 of the Andhra Pradesh Administrative Tribunal (Salaries, Allowances and Conditions of Service of Chairman, Vice Chairman and Members) Rules, 1989 is illegal. Rule-3 as amended reads as under;