- (1.) The petitioner is a former judge of the madras High Court. He was appointed on 25- 01-1979 and superannuated on 07-12-1981. In the meanwhile, by a notification dated 29- 07-1981, he was appointed as Commission of Inquiry to inquire into the incidents which took place in Coimbatore Town on 23-07- 1981 arising from attacks on the office premises of two Tamil newspapers 'dinakaran' and Malai Murasu'. In the aforementioned notification dated 29-07-1981 it was stated: "I am directed to say that the President requests Shri Justice P. Venugopal, judge, Madras High Court to function as the Commission of Inquiry under the commissions of Inquiry Act, 1952 in respect of the incidents that took place in Coimbatore Town in Tamil Nadu on 23/07/1981. 2. The time spent by Shri Justice P. Venugopal in the performance of the said functions will count as "actual Service" within the meaning of paragraph 1 l (b) (i) of Part "d" of the Second Schedule to the Constitution of India read with section 2 (1) (c) (i) of the High Court Judges (Conditions of Service) Act, 1954. Shri justice Venugopal will not be entitled to any extra remuneration for the above work except travelling allowances and daily allowances as admissible under the high Court Judges (Travelling Allowance) Rule, 1956. "
(2.) Pursuant to or in furtherance of the said order dated 29. 07.1981, the Government of Tamil Nadu also issued an order on 1. 08.1981 appointing the petitioner as a Commission of Inquiry, terms of reference whereof are as under: "(I) to enquire into the alleged incidents of attack on the offices and premises of the news papers 'dinakaran' and 'malai Murasu' in coimbatore Town on 23/07/1981; and (Ii) to determine the persons who actually took part in such alleged incidents of attack on the said offices and premises. "
(3.) The petitioner despite his superannuation as a High Court Judge continued to occupy the post of Commission of Inquiry, wherefor the Government of Madras (as the state was thence known) issued an order dated 28.12.1981 stating : "Justice P. Venugopal (Retired) who has been appointed as the Commission of inquiry on a full time basis will draw the total emoluments last drawn by him as a Judge of the High Court, minus the pension to which he is eligible, excluding the pension commuted, if any, for the period he functions as the Commission of Inquiry. " (Emphasis supplied);