Six former MLAs transfer HC in opposition to pension lower
Chandigarh, September 16
As many as six former MLAs right now moved the Punjab and Haryana Excessive Courtroom following “discount within the pensions drawn by them”. Difficult the federal government’s “one MLA-one pension” measure, Rakesh Pandey and different former legislators submitted the retrospective operation of the modification, by way of an impugned letter, had diminished the pension already being drawn by them which was a lot larger than the lump sum quantity now mounted by it.
The Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli was additionally advised that the impugned administrative or legislative motion would have two-fold penalties. Their pension accrued over a number of phrases had been diminished to a lump sum of Rs 60,000. In addition to this, additional accruals and additions wouldn’t be admissible for the following phrases. This, the petitioners submitted, had the impact of equating “unequal individuals”. Elaborating, they contended it didn’t classify between MLAs, who had served for longer and shorter durations.
“Moreover, the impugned measures equate individuals who’ve served as legislators for a number of phrases and put them on the identical pedestal with somebody who has simply served as an MLA for merely one time period. Such an motion, both taken administratively or legislatively, will probably be wholly arbitrary and violative of Article 14 of the Structure,” it was added.
The Bench was additionally advised that the measures delinked the connection between pensionary entitlements of a former legislator from the variety of phrases served.