( 1 ) THE petitioner was working as Indian administrative Service (IAS) Officer and had worked in various capacities in the central Government and in the State government. He was offered an appointment as Administrative Member in the Andhra Pradesh Administrative tribunal by letter dated 16-12-93. He gave his consent for such appointment on 10-1-94. At the time the offer was made to him he was working as Special Chief Secretary to government of Andhra Pradesh and was drawing salary at Rs. 8,000. 00 per month. The total emoluments were Rs. 13,240. 00 per month. In order to seek appointment as member of the Tribunal he had to seek voluntary retirement which he sought with effect from 30-4-1994. He was appointed as administrative Member of the Tribunal on 4-2-94 and took charge in April, 1994 after relinquishing the office with the State government. When he gave his consent for appointment as a Member of the Tribunal he had stated in his acceptance letter that;"as desired therein I hereby convey my willingness to accept the offer, but i would like to add that the present pay i am getting (namely Rs. 8,000. 00 p. m) may be protected or alternatively the government of India be moved to revise the pay scale to the maximum of rs. 8,000/-"according to him although he had demanded pay of Rs. 8,000. 00 per month, neither the State Government nor the government of India wrote back to him that his request could not be met. After his consent, on 4-2-94 the Government of India issued an order indicating that the President of India was pleased to appoint him as member of Andhra Pradesh Administrative tribunal. It was also mentioned in the order that the salaries and allowances payable and the conditions of service would be in accordance with Andhra Pradesh administrative Tribunal (Salaries and allowances and Conditions of Service of chairman, Vice Chairman and Members) rules, 1989 as amended from time to time.

( 2 ) THE Andhra Pradesh Administrative tribunal has been created under the administrative Tribunals Act. 1985. The power to enact such law was granted under articles 323-A and 323-B of the Constitution which were incorporated in the Constitution by 42nd Amendment. It enabled the parliament to provide by law for adjudication of disputes or complaints by the Administrative Tribunals with respect to recruitment and conditions of service of persons appointed to public services and in connection with the affairs of the Union or the State. The Government also in terms of section 35 of the said Act issued notification no. 25 on 26-10-1989 known as the Andhra pradesh Administrative Tribunal (Salaries, allowances and Conditions of Service of chairman, Vice Chairman and Members) rules, 1989 . In this Writ Petition Rule-3 of the said Rules has been challenged as ultra vires, illegal, unjust and discriminatory.

( 3 ) NOW, in the context of the assertions made in the writ petition it has to be seen whether Rule -3 of the Andhra Pradesh administrative Tribunal (Salaries, allowances and Conditions of Service of chairman, Vice Chairman and Members) rules, 1989 is illegal. Rule-3 as amended reads as under;"that the Chairman shall receive a pay of Rupees eight thousand plus a special pay of Rupees five hundred per mensem. A Vice-Chairman shall receive a pay of rupees eight thousand per mensem. A Member shall receive a pay in the scale of Rs. 7300-100-7600 per mensem. Provided that in the case of an appointment as Chairman, Vice chairman or a Member or a person who has retired as Judge of a High court or who has retired from service under the Central Government or a state Government and who is in receipt of or has received or has become entitled to receive any retirement benefit by way of pension and/or gratuity, Employer s contribution to the Contributory provident Fund or other forms of retirement benefits, the aforementioned pay shall be reduced by the gross amount of pension and pension equivalent of gratuity or employer s contribut