PRAFULLA KISHORE MOHANTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner, a retired Judge of Orissa High Court was appointed Chair -person of the Orissa State Commission for Backward Classes by Notification dated September 9, 1993 for a term of three years from the date of assuming the office. The petitioner assumed the office of Chairperson on September 15, 1993 and his term of office ended on September 14, 1996.

(2.) THE Orissa State Commission for Backward Classes Act, 1993 has been enacted to constitute a State Commission for Backward Classes other than the Scheduled Caste and the Scheduled Tribe and to provide for matters connected there with or incidental thereto (hereinafter referred to as the 'Backward Classes Act'). Section 3(1) authorises the State Government to constitute the Orissa State Commission for Backward Classes (hereinafter referred to as the 'Commission'). Section 3(2) deals with the composition of the Commission. It has been provided therein that the Commission shall have a Chairperson, who is or has been the Judge of the High Court. Section 4(5) ofthe Act provides that the salaries and allowances payable to and the other terms and conditions of service of the Chairperson and members shall be such as may be prescribed. Section 17 authorises the State Government to make rules by notification for carrying out the provisions the Act including the salaries and allowances payable to and other terms and conditions of service of the Chairperson and members under Sub -section (5) of Section 4.

(3.) WHEN the writ petitioner was appointed Chairperson of the Commission in September, 1993 the salary and allowances of a s.erving High Court Judge were those which were revised with effect from January 1, 1986. Basic pay of a High Court puisne Judge was Rs. 8000/ - (Rupees Eight thousand) fixed. On the basis of the said revision effected from January 1, 1986 the Central Government issued an office memorandum No. 19048.7.80 - E. IV dated October 8, 1987 (Annexure - 5) revising the previous guidelines and prescribing new terms and conditions of retired Judges re -employed on whole -time basis. It will appear from the said memorandum that same pay, allowances and perks as were applicable to the sitting Judges at the relevant points of time were made available to the retired Judges re -employed on whole -time basis.