K. N. SHARMA, Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE petitioner, a former Secretary, Land Revenue Department, Government of Sikkim, came to be appointed as a Member, Sikkim Public Service Commission on his superannuation from the State service vide Notification No.157/GEN/DOP dated 02.11.2007 (Annexure P-1) from the date of assumption of the charge for a period of 6 (six) years or till he attains the age of 62 years, whichever be the earlier.

(2.) SIKKIM Public Service Commission (hereinafter to be referred as Commission) had/has the strength of two Members and one Chairman as prescribed under the Sikkim Public Service Commission (Member) Regulations, 1983 framed by the Governor of the State under Article 318(a) of the Constitution of India. In the year 2009, the then Chairman of the Commission, namely, Shri Dorji Dadul demitted office on attaining the age of superannuation with effect from 05.01.2009. This left the Commission with the petitioner as its lone member. Consequently, the petitioner had to discharge the duties of both Chairman and Member of the Commission. As no regular Chairman was appointed for considerable period, the petitioner was appointed as Officiating Chairman vide Notification No.244/GEN/DOP dated 06.04.2010 (Annexure P-3) until further orders. Vide Office Order No.4175/G/DOP dated 23.02.2011, salary of the petitioner both as Member and Chairman of the Commission was notified. The petitioner demitted the office as Chairman on 07.03.2011 on completion of his tenure.

(3.) THE Sikkim Public Service Commission is a constitutional body created under Article 315 of the Constitution of India. The appointment and terms of office of members including the Chairman are contemplated under Article 316 of the Constitution. In the case of Public Service Commission for a State, appointment of Chairman and its members is to be made by the Governor of the State. However, conditions of service of members and staff of the Commission are to be regulated by regulations framed under Article 318 of the Constitution of India. The Governor of Sikkim in exercise of power vested in him under Article 318 of the Constitution framed the Sikkim Public Service Commission (Member) Regulations, 1983 as notified vide Notification No. 9(2) Home/82/3557 dated 13.01.1983 (Annexure P-4). Regulation 3 fixes the strength of Members for the State Commission at three comprising of a Chairman and two Members. Regulation 4 prescribes the salary of the Chairman and its Members, whereas Regulations 6 and 7 make provisions for payment of leave encashment. Regulations 8, 9 and 10 entitle a Member of the Commission to Pension, Gratuity and General Provident Fund. Regulation 13 is a residual provision and makes the Rules applicable to the Chief Secretary to the Government of Sikkim and Secretary to the Government of Sikkim applicable to the conditions of service of the Chairman and a Member of the Commission respectively, where no express provision is made under these Regulations. For the purposes of the present petition, Regulation 13 is the only relevant provision, interpretation whereof is called for. The same is reproduced hereunder: -