PRIYATAMA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, who was a Member of the Orissa Public Service Commission (in short 'the OPSC'), has filed this writ application challenging the vires of Regulation 4 (b) (i) of Orissa Public Service Commission (Conditions of Service) Regulations,1952 (hereinafter referred to as "Orissa Regulation,1952") and also prays for quashing the order dated 17.03.2007 under Annexure -7 passed by the Government and further to direct the opposite parties, particularly, the State Government to re -determine the salary payable to the petitioner calculating the same @ Rs.19,500/ - per month from the date of her assumption of office as Member of the Commission.

(2.) WHILE working as Principal, M.K.C.G. Medical College, Berhampur the petitioner was appointed as a Member of the OPSC vide Government Notification dated 3.12.2002 under Annexure -1. Prior to her appointment as a Member of the OPSC, the petitioner was drawing a salary of Rs.18,650/ - with other allowances. On her assumption of office as a Member of OPSC she was provisionally placed in the pay of Rs.19,500/ - (fixed basic pay) with other allowances as per office order dated 18.01.2003 (Annexure -2) in terms of Regulation 2 (e) of the Orissa Regulation,1952, which was made final by order dated 29.01.2005 under Annexure -4. With regard to pay of the Chairman and the Members of the OPSC Regulation 4 (a) and (b) of the Orissa Regulation,1952 as amended in 1994, provides as under :

(3.) IT is stated by the petitioner that in the State of Punjab, the Service Conditions of the Members of Punjab Public Service Commission are governed by the Punjab State Public Service Commission (Conditions of Service) Regulations, 1958 (in short '1958 Regulation of Punjab) and the proviso to Regulation 5 (1) of the said Regulation is parimateria to the provision of Regulation 4 (b) (i) of the Orissa Regulation,1952. It is stated that one M.P. Pandove, who was working as Chief Auditor, Co -operative Societies, Punjab Government and was drawing salary of Rs.20,100/ - was appointed as Member of the Punjab Public Service Commission vide Notification dated 8.12.2002 and was placed in the scale of pay of Rs.18,400 -500 -22,400/ - and his pay was fixed at Rs.9,093 after deducting his pension of Rs.9,307/ - as per order dated 07.12.2004 under Annexure -5. Mr.Pandove filed Civil Writ Petition No.85 of 2005 in the High Court of Punjab and Haryana for declaring the proviso to Regulation 5 (1) of the 1958 Regulations of Punjab as ultravires the Constitution being violative of Articles 14 and 16 and for quashing the pay fixation order dated 07.12.2004. The High Court of Punjab and Haryana by judgment dated 26.02.2005 allowed the writ application and quashed the pay fixation of M.P. Pandove. For passing the said judgment the High Court relied upon the judgment in the case of Ram Phal Singh v. State of Haryana in Civil Writ Petition No.15159 of 1996, which had reached finality without being challenged in the apex Court. It is stated that the judgment passed in the case of M.P. Pandove in Civil Writ Petition No.85 of 2005 was challenged by the State of Punjab before the apex Court in Special Leave to Appeal (Civil) No.12336 of 2005 and the apex Court by their order dated 13.07.2005 dismissed the Special Leave petition and upheld the judgment passed by the Punjab and Haryana High Court.