GURMESH PRAKASH BISHNOIversusSTATE OF HARYANA AND ORS.

A                       GURMESH PRAKASH BISHNOJ
                                         v.
                       STATE OF HARYANA AND ORS.

                                  MAY 5, 1998

B        [MRS. SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.]


         Haryana Public Service Commission (Condition a/Service) Regulations,
    1972: Regulation (A(l)-Proviso.

C         Haryana Public Service Commission-Appointment of appellant as
    Member-Appointment of appellant-member as Chairman subsequently-
    Entitlement to pension-whether on the basis of service as Chairman or also
    on the basis of service as member-Held the appellant is entitled to pension
    as a member for the sen•ice he rendered as a member prior to his appointment
    as Chairman subject to the maximum, as also pension as Chairman of the
D   Haryana Public Service Commission calculated on the basis of the period
    during which he held ojficP of the Chairman, subject to maximum as laid
    down in Regulation 9A.

         CIVIL APP ELLA TE JURISDICTION : Civil Appeal No. 2723
    of 1998.
E
         From the Judgment and Order dated 29.8.97 of the Punjab & Haryana
    High Court in C.W.P. No. 12291of1997.
         B.S. Malik and K.S. Chauhan for the Appellant.
         Ms. Nandini Gore and Prem Malhotra for the Respondents.
F        The following Order of the Court was delivered :
         Special leave granted.
        Heard both sides. The appellant was appointed as member of the Haryana
  Public Service Commission with effect from 4.3.80. He continued as a member
G of the Haryana Public Service Commission till 28.8.84 when he was appointed
  as Chairman of the Haryana Public Service Commission. He continued as a
  Chairman of the Haryana Public Service Commission for a period of six years
  up to 27.8.90. The appellant was granted pension at the rate of Rs. 1,800 per
  month for his services as Chairman of the Haryana Public Service Commission.
H        The appellant contends that in addition, he is also entitled to pension
                                       194
                            G.P. BISHNOlv. STATE                                  195

for his services as a member of the Haryana Public Service Commission· for                A
a period of 4 years, 5 months and 24 days.The relevant Regulation of the
Haryana Government known as the Haryana Public Service Commission
(Conditions of Service) Regulations, 1972 is Regulations 9A(l ). The relevant
portion of Regulations 9A is as follows :
                                                                                          B
       9A(l) : "Subject to the provisions of these regulations, every person,
       who, on or after the 1st day of November, 1966. Ceases to hold the
       office of the Chariman or the Member, shall, with effect from the !st
       December, 1973 or the date of his ceasing to hold the office, whichever
       is later, be entitled to pension for his life at the rate of two hundred
       rupees per month for ea::h completed year of service as the Chariman C
       or the Member, as the case may be, rendered after the 31st day of
       October, 1966. Subject to a maximum of eight hundred and fifty rupees
       and seven hundred and fifty rupees per month respectively;


                                                                                          D

        Provided further that no pension shall be payable during the period
        for which ................. the Member may, after his retirement as such, hold
        office as .................the Chariman ofH.P.S.C. or of any other State Public
        Service Commission."                                                              E
       The quantum of pension has since been revised to Rs. 250 per month
for a member and Rs. 300 per month for the Chairman. The maximum quantum
of pension has also been revised to Rs. 1,800 per month in the case of the
Chairman and Rs. 1,500 per month in the case of a member. The appellant is
entitled to the benefit of the revised amount.                                            F

      Under Rule 9A(l) two separate ceilings are provided; one for the pension
of a Chairman and the other for the pension of a member. The question is
whether a person who has acted both as a member and subsequently as a
Chairman, will be entitled to a pension only on the basis of his services as G
a Chairman or whether he will also be entitled to a separate pension 6n the
basis of his services as a member of the Haryana Public Service Commission.
Under the Union Public Service Commission (Members) Regulations 1969,
there is an express provision contained in Explanation (II) to Regulation 9
which provides that when the total service for pension is rendered by a
person, partly as a member and, partly as a Chairman, the pension, partly as H
    196                    SUPREME COURT REPORTS                    (1998] 3 S.C.R.

A   a member and, partly as a Chairman, the pension admissible to such person
    shall be the aggregate of the pension calculated separately for each such term
    as a member and as a Chairman. In the Haryana Public Service Commission
    (Regulations) 1972 there is no such expres provision. However, the proviso
    to Rule 9A throws some light on the manner in which the pension is to be
B   calculated. Under the proviso, when a member of the Haryana Public Service
    Commission retires as a member, he would be entitled to pension as a
    member.However, if he thereafter holds office (inter alia) as the Chairman of
    the Haryana Public Service Commission, he will not get any pension during
    the period for which he holds office as Chairman. There is an embargo on his
    receiving pension as a memt>e .. ,:11ring the period he functions as a Chairman.
C   Once he ceases to function as a Chairman the embargo is lifted and he would
    be entitled to get pension as a member for the period during which he served
    as a member of the Haryana Public Service Commission. This, of course, will
    be subject to the ceiling prescribed under Regulation 9A. At the same time
    as the Chairman of the Haryana Public Service Commission, for the period of
    service rendered by him as Chaimian, he would also get pension at the rate
D   prescribed under Regulation 9A subject to the maximum. The appellant is,
    therefore, entitled to pension as a member for the service he rendered as a
    member prior to his appointment as Chairman subject to the maximum as also
    pension as Chairman of the Haryana Public Service Commission calculated on
    the basis of the period during which he held office of the Chairman, subject
E   to a maximum as laid down in Regulation 9A. The appeal is allowed accordingly.
    The impugned order of the High Court is set aside.

    T.N.A.                                                       Appeal allowed.