Judgment

KRISIINA IYER, J.:- A short issue as to the expiration of the constitutionally guaranteed tenure of office of a Member of the Public Service Commission, who, in the middle of his term, reincarnates as its Chairman and claims fresh six-year spell, has lent itself to considerable argument at the Bar, the contributory causes being the differing views of courts, varying practices of States, apparent incongruity between the paramount purpose and the expressed language of the provisions and the slight obscurity of the relevant articles, the expert drafting and careful screening by the founding fathers notwithstanding.

2. One Shri Bidap, the respondent in this appeal, was appointed Member of the States Public Service Commission by the Governor of Mysore on March 20, 1967. While his term was still running, the Governor was pleased to appoint him Chairman of the Commission with effect from February 15, 1969. The State took the view that the six-years assured to him by Article 316 (2) commenced to run from the date he became Member simpliciter and did not receive a fresh start from the later date when he assumed office as Chairman. Government s view on the issue was revealed in answ