SHUVANSU KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, a retired Judge of this Court, was appointed as the Chairman of the State Finance Commission and functioned as such from 1.12.1996 to 31.5.1998. He has filed this writ application with the following prayers :

(2.) A counter affidavit has been filed by the O.Ps. indicating therein that the petitioner has already been paid the salary @ Rs. 26,000/ - per month during his incumbency as the Chairman of State Finance Commission but he is not entitled to get any further amount as claimed because the House Rent Allowance, which has been given to the petitioner @ 12 1/2%, is as per the notification in Annexure -5 series and so far as sumptuary allowance is concerned, there is no provision for payment of the same.

(3.) THE Act is not clear as to whether the Chairman of the Commission shall be paid salary, allowances etc. as admissible to a retired High Court Judge. But subsequently the Government at its own volition fixed the salary of the present petitioner at Rs. 26,000/ -. Similar situation arose in case of Justice Prafulla Kishore Mohanti and this Court while disposing of the writ application being O.J.C.No. 6207 of 1997 (Prafulla Kishore Mohanti v. State of Orissa and others), held in paragraphs -9 and 11 as follows :