The petitioner despite his superannuation as a High Court Judge companytinued 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 a a Judge of the High Court, minus the pension to which he is eligible, excluding the pension companymuted, if any, for the period he functions as the Commission of Inquiry.
This is how the petitioner is before us.
He in the year 2001 filed a writ petition before the Madras High Court claiming, inter alia, for re fixation of his pension upon taking into account the purported period of services from 1.8.1981 to 31.12.1988.
In the meanwhile, by a numberification dated 29.07.1981, he was appointed as Commission of Inquiry to inquire into the incidents which took place in Coimbatore Town on 23.7.1981 arising from attacks on the office premises of two Tamil newspapers Dinakaran and Malai Murasu.
Emphasis supplied Yet again he was appointed by the Government of Madras as a One Man Commission of Inquiry in relation to companymunal riots which took place in the District of Kanyakumari by an order dated 22.3.1982.
He was appointed as an ad hoc Judge for a term of one year in 1982 and yet again for another term of one year from 19.8.1983.
Pursuant to or in furtherance of the said order dated 29.7.1981, the Government of Tamil Nadu also issued an order on 1.8.1981 appointing the petitioner as a Commission of Inquiry, terms of reference whereof are as under to enquire into the alleged incidents of attack on the offices and premises of the news papers Dinakaran and Mala Murasu in Coimbatore Town on 23rd July, 1981 and to determine the persons who actually took part in such alleged incidents of attack on the said offices and premises.
He was appointed as the Commissioner of Payments under the Madras Race Club Acquisition and Transfer of Undertakings Act, 1986 by an order dated 1.8.1986, which post the held till 31.12.1988.
After he demitted his office as an ad hoc Judge of the Madras High Court, he submitted his reports on 21.9.1985 and 30.4.1987.
The petitioner was allowed pension as a High Court Judge for holding office for two years ten months and fourteen days.
The said writ petition by reason of the impugned judgment has been dismissed by the Madras High Court.
2003 Supp 3 SCR 286 The Order of the Court is as follows The petitioner is a former judge of the Madras High Court.
Emphasis supplied And ad hoc Judge, thus, in terms of the aforementioned provision is only entitled to such allowances as the President may by order determine.
In the aforementioned numberification dated 29.7.1981 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 23rd July, 1981.
He was appointed on 25.01.1979 and superannuated on 07.12.1981.
