JUDGMENT :

Pradipta Ray, J. - The writ petitioner, a retired Judge of Orissa High Court was appointed Chair-person of the Orissa State Commission for Backward Classes by Notification dated September 9, 1993 for a term of three years from the date of assuming the office. The petitioner assumed the office of Chairperson on September 15, 1993 and his term of office ended on September 14, 1996.

2. The Orissa State Commission for Backward Classes Act, 1993 has been enacted to constitute a State Commission for Backward Classes other than the Scheduled Caste and the Scheduled Tribe and to provide for matters connected there with or incidental thereto (hereinafter referred to as the "Backward Classes Act"). Section 3(1) authorises the State Government to constitute the Orissa State Commission for Backward Classes (hereinafter referred to as the 'Commission'). Section 3(2) deals with the composition of the Commission. It has been provided therein that the Commission shall have a Chairperson, who is or has been the Judge of the High Court. Section 4(5) of the Act provides that the salaries and allowances payable to and the other terms and conditions of service of the Chairperson and members sh