The High Court Judges (Salaries and Conditions of Service) Act, 1954 is a self-contained code for pensionary benefits and does not allow for the computation of pension based on appointments other than as a High Court Judge.

( 1 ) THE petitioner is a former Judge of the Madras High Court. He was appointed on 25-1-1979 and superannuated on 7-12-1981. In the meanwhile, by a notification dated 29-7-1981, 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. In the aforementioned notification 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. 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 11 (b) (i) of Part "d" of the Second Schedule to the Constitution of India read with Section 2 (l) (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 (Travellingallowunce) Rules, 1956".

( 2 ) 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:" (I) to enquiry into the alleged incidents of attack on the offices and premises of the newspapers "dinakaran and malai Murasu in Coimbatore Town on 23rd July, 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)

( 4 ) YET again he was appointed by the Government of Madras as a One Man Commission of Inquiry in relation to communal riots which took place in the District of Kanyakumari by an order dated 22-3-1982.

( 5 ) HE was appointed as an ad hoc Judge for a terms of one year in 1982 and yet again for another term of one year from 19-8-1983. 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. He was appointed as the Commissioner of Payments under the Madras Race Club (Acquisition and Transfer of Undertaking) Act, 1986 by an order dated 1-8-1986, which post he held till 31-12-1988.

( 6 ) THE petitioner was allowed pension as a High Court Judge for holding office for two years ten months and fourteen days.

( 7 ) 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. The said writ petition by reason of the impugned judgment has been dismissed by the Madras High Court. This is how the petitioner is before us.

( 8 ) A short question which arises for consideration in this matter is as to whether the pension of the petitioner can be refixed keeping in view the fact that he held different offices from 1-8-1981 to 31-12-1988.

( 9 ) ARTICLE 217 (1) of the Constitution of India provides for appointment of a Judge of the High Court. The age of superannuation for a Judge of the High Court is 62 years. Constitution of India in terms of Article 224 A provides for appointment of an ad hoc