STATE OF J&K Vs. D N KOTWAL

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of judgment and order dated 29th December, 2000 passed in writ petition, OWP No. 3/94, whereby the learned Single Judge has held all the Members, including the Chairman, of Jammu and Kashmir Public Service Commission entitled to count the service rendered by them as such Members or Chairman, as the case may be, of the Commission for pension and other pensionary benefits, notwithstanding whether they are appointed to such office while in active service or after their retirement, and directed that the pensionary benefits be counted and released in favour of the petitioners, respondents herein, within a period of three months.

(2.) THE core issue involved in this matter basically relates to the purport of the Regulations framed by the Governor in pursuance of constitutional provisions. Therefore, before narrating the case of the respondents that was put forth in the writ petition, we deem it appropriate and advantageous to refer to the relevant provisions of the Constitution of Jammu and Kashmir and the Rules governing the appointment as, and conditions of service of, Members and Chairman of the Jammu and Kashmir Public Service Commission.

(3.) THE Jammu and Kashmir Public Service Commission (hereinafter referred to as "the Commission") is the creature of Constitution of Jammu and Kashmir. Section 129 of the Constitution provides for appointment and term of office of Members of the Commission. Sub -section (1) of Section 129 of the Constitution empowers the Governor to make appointment of Members and Chairman of the Commission. Sub -section (2) thereof says that a Member of the Commission shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty -five years, whichever is earlier. In terms of the mandate of Section 132 of the Constitution, on ceasing to hold office, the Chairman and the Members of the Commission become ineligible for further appointment under the Government of the State, except that a Member other than the Chairman being eligible for appointment as Chairman of the Commission. In exercise of the powers conferred by Section 131 of the Constitution, the Governor of the State has made the Jammu and Kashmir Public Service Commission (Conditions of Service) Regulations, 1957 (hereinafter referred to as "the Regulations of 1957"). Under Regulation 2(d) of the Regulations of 1957, "Member" is defined to mean a Member of the Commission and includes the Chairman thereof and so shall we refer in this judgment hereafter.