JUDGMENT

Jyoti Singh, J.

1. This writ petition has been preferred by the Petitioners laying a challenge to the letter dated 23.07.2018 issued by Respondent No. 1 and letters dated 24.07.2018 and 01.08.2018, issued by Respondent No. 3 and seeking a declaration that Petitioners are governed by terms of appointments envisaged in advertisement dated 05.03.2015 and Notification dated 21.11.2016 as well as Rule 3 of National Monuments Authority (Conditions of Service of Chairman and Members of the Authority and Conduct of Business) Rules, 2011 (hereinafter referred to as `NMA Rules, 2011') read with Section 20H of Ancient Monuments and Archaeological Sites and Remains (Amendments and Validation) Act, 2010 (hereinafter referred to as `2010 Act').

2. Factual expose to the extent relevant and as averred in the writ petition is that Petitioner No. 1 retired from the post of Additional Director, Urban Administration and Development on 30.04.2015, Government of Madhya Pradesh and Petitioner No. 2 retired from Central Public Works Department, Government of India, while working in the post of Senior Architect.

3. Respondent No. 1/Ministry of Culture, Government of India invited applications through an advertisement dated 05.03.2015, for appointment of Whole Time and Part Time Members in National Monuments Authority/Respondent No. 3 from `eminent professionals' with proven experience and expertise in the field of Archaeology, Country and Town Planning, Architecture, Conservation Architecture or Law. It was stated in the Advertisement that the salary of the Whole Time Members would be Rs.67,000/- per month as admissible to Additional Secretary, Government of India and tenure would be three years from the date he/she assumes office.

4. Both the Petitioners applied against the said advertisement and the proposals for their appointments were finally approved by Appointments Committee of the Cabinet (`ACC'). An Office Order dated 20.05.2016 was issued by Respondent No. 1 intimating Petitioner No. 1 about his provisional appointment, pending verification of his character and antecedents. It was further stated that the terms and conditions of appointment including payment of remuneration would be in accordance with the extant NMA Rules, 2011. Similar intimation was sent to Petitioner No. 2 informing him of approval of his appointment by ACC and order dated 09.06.2016 was issued appointing him provisionally. Petitioner No. 1 joined office of Respondent No. 3 on 01.06.2016 while Petitioner No. 2 assumed the charge of the post w.e.f. 15.07.2016.

5. On 11.08.2016, an Office Order was issued by Respondent No. 3 whereby pay of the Chairperson, Member Secretary and Whole Time Members of Respondent No. 3 was fixed in accordance with Central Civil Service (Revised Pay) Rules, 2016 (hereinafter referred to as `Rules, 2016') and Ministry of Finance, Department of Expenditure Resolution dated 25.07.2016. Basic Pay of the Petitioners was fixed at Rs.67,000/- in Pay Band Rs.67,000-79,000/- under 6th CPC and was revised to Rs.1,87,700/- as per 7th CPC recommendations w.e.f. 01.01.2017. By Notifications dated 15.09.2016 and 21.11.2016, appointments of the Petitioners were notified respectively and published in Part-1 of Section 2 of Gazette of India.

6. Petitioners continued to work as Whole Time Members of Respondent No. 3 drawing the aforestated salaries and allowances for nearly one and half year, however, suddenly an order was issued by Respondent No.3 on 15.11.2017, stated to be in compliance of DoPT O.M. dated 18.11.1999, whereby the Whole Time Members were called upon to submit a copy of their Pensio