- (1.) The appellant was a Member of the Indian Administrative Service at the material time. He was due to retire on reaching the age of superannuation on 31/12/1985. On 14/5/1985 the appellant was appointed as the Chairman of the Bihar public service commission. He continued as the Chairman of the Bihar public service commission till his retirement at the age of 62 years on 12/12/1989.
(2.) At the time when the appellant was appointed as the Chairman of the Bihar public service commission the terms and conditions of service of Members of the Bihar public service commission were governed by the Bihar Public Service Commission (Conditions of Service) Regulations, 1960. The material part of Regulations 12 and 13 was as follows: "12.(1 In the case of a Member who on the date of appointment was not in the service of the Union or a State, the pension to which such Member will be entitled shall: (I) In the case of a Chairman, if he has completed six years' service for pension and has drawn pay at the rate of Rs 2500 a month, be Rs 5075 per annum; and (Ii) In the case of a Member, other than the Chairman, if he has completed six years for pension and has drawn pay at the rate of Rs 2250 a month be Rs 4500 per annum. . * * * 13. (1 A Member who at the time of his appointment as such, was in the service of the central or a State government shall, at his option to be exercised within a period of six months from the date of his appointment be entitled to draw his pension and other retirement benefits under the rules applicable to the service to which he belonged with effect from the date of his appointment as Member: Provided that, in such an event, his pay as Member shall be reduced by an amount equivalent to the gross pension (including any portion of the pension which may have been commuted) and the pension equivalent to other retirement benefits and he shall be entitled to draw his pension and other retirement benefits separately. (2 A Member who at the time of his appointment as such, was in the service of central or a State government and does not exercise the option mentioned in sub-regulation (1 shall count his service as Member for pension and retirement benefits under the rules applicable to the service to which he belonged immediately before such appointment. "
(3.) The appellant being a Member of the Indian Administrative Service at the time when he was appointed as Chairman, Bihar public service commission, exercised his option under Regulation 13 (1 and was accordingly in receipt of his emoluments as well as pension from the Indian Administrative Service. Since he exercised his option under Regulation 13 (1 he was not entitled to claim any benefit under Regulation 13 (2.;