JASWANT SINGH BASUR Vs. THE PUNJAB STATE

JUDGEMENT

(1.) THE question for decision in this petition under Article 226 of the Constitution is a short one relating to the interpretation of regulation 5 of the Punjab Public Service Commission (Conditions of Service) "Regulations, 1958, hereinafter called the Regulations. The matter has arisen in the following manner.

(2.) THE Petitioner, Section Jaswant Singh Basur, a member of the Indian Administrative Service, while serving in the State of Punjab, was appointed as Chairman of the Punjab Public Service Commission with effect from 24th April, 1961, vide Punjab Government notification, dated 2nd May, 1961. During the term of his office as Chairman of the Commission, he retired from the Indian Administrative Service on 24th March, 1962, and on his attaining the age of 60, he retired from the Public Service Commission on 23rd November, 1966. The Public Service Commission (Conditions of Service) Regulations, 1958, promulgated under Article 318 of the Constitution govern the conditions of service of the Chairman and Members of the Punjab Public Service Commission. The provision regarding their salary is contained in Regulation 5, the relevant portion of which reads thus:

(3.) IT is not disputed that the Petitioner's pay at the time of his appointment as Chairman of the Punjab Public Service was fixed in accordance with proviso 2 of this Regulation. In addition to the pay that he was drawing at the time of his appointment as Member of the Indian Administrative Service he was drawing Rs. 200 per mensem till the day of his retirement from the Indian Administrative Service (24th March, 1962).