ACCOUNTANT GENERAL Vs. BHASKARAN NAIR

JUDGEMENT

(1.) Respondent was a Member of the Legislative Assembly from 9-2-1960 to 9-6-1964 and from 22-3-1977 to 30-11-1979. As an Ex. M.L.A. he was receiving pension under the provisions of the Kerala Payment of Pension to Members of Legislature Act, 1976 from 1-12-1979 onwards. He was nominated as President of the Travancore Devaswom Board and he assumed office with effect from 14-9-1992. The Accountant General (first appellant) issued Ext. P1 order to the effect that respondent being a recipient of remuneration as President Of the Travancore Devaswom Board is not entitled to receive pension as Ex. M.L.A. and that he is entitled only to pension equal to the difference between pension as Ex. M.L.A. and the remuneration to which he is entitled to as President of the Devaswom Board. In Ext. P1 it is stated that as the respondent is getting a remuneration of Rs. 1,500/- per mensem he is not entitled to pension of Rs.900/- per mensem as Ex. M.L.A. while holding the post of the President of the Travancore Devaswom Board. Respondent filed O.P. 14874 of 1993 challenging Ext. P1 order. The learned Single Judge allowed the Original Petition holding that respondent is entitled to pension as Ex. M.L.A. despite he having been nominated as the President of the Travancore Devaswom Board. Judgment is assailed in the writ appeal.

(2.) Respondent is denied pension as Ex. M.L.A. on the ground that he is receiving remuneration from the Devaswom Board which is a local authority under the Government, Contention of the appellants is that Travancore Devaswom Board is a local authority coming within the purview of S.2(2)(iii) of the Kerala Payment of Pension to Members of Legislature Act, 1976 and that the amount paid to the President of the Devaswom Board has to be treated as a consideration for his service and as such it would come within the purview of the term "any remuneration" referred to in S.2(2)(iii) of the Act.

(3.) The question that arises for consideration is whether Travancore Devaswom Board can be considered as a local authority. Constitution of the Travancore Devaswom Board is as per S.4 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (Act XV of 1950). S.11 provides for the election of the President of the Board. As per S.11, Hindus among the Council of Ministers shall nominate one of the members of the Board as its President. S.7 provides for disqualification for membership. S.7(3) makes the position clear that any official-holder or a servant of Government, a local authority, Devaswom Board, an incorporated or unincorporated Devaswom or the trustee of a Hindu Religious Endowment is not eligible for election or nomination as a member of the Board. This by itself is sufficient to hold that Travancore Devaswom Board cannot be considered as a local authority.