P.K. Musahary, J.

1. Heard Mr. A. Zhimomi, learned Counsel for the Petitioner. Also heard Mr. N.M. Jamir, learned Government Advocate, appearing on behalf of State Respondents.

2. The facts leading to filing of this writ petition are that the Government of Nagaland by a resolution passed by the cabinet on 9.4.1976, decided to set up a State Vigilance Commission ('SVC') to be headed by the State Vigilance Commissioner for which jurisdiction, powers and functions have been assigned. In terms of the aforesaid Resolution, several State Vigilance Commissioners were appointed by the Government of Nagaland on various occasions providing them monthly pay-scale/salary. The Petitioner after his retirement from service in the rank of Commissioner and Secretary, was appointed as the State Vigilance Commissioner vide Notification No. VIG/3-E/78(PT) dated 21.6.2006 for a period of 5 years or till he attains the age of 65 years whichever is earlier with effect from the date he assumes charge of his office. In the said Notification, it is provided that he will be given salary equivalent to the last pay drawn by him as an IAS officer in the super time scale minus the pension being drawn by hi