S P ANAND Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER, a chronic Public Interest Litigant, has filed this PIL, to assail grant and payment of pension to Ex-Legislators in M. P. State and has also challenged the vires of M. P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam on the ground that it suffered from legislative incompetence, as any such grant of pension was not authorised by provisions of Article 195 of the Constitution which only provided for payment of salaries and allowances to the Legislators and not Pension.

(2.) THE point in issue stands already settled by a Division Bench of this Court rendered at Main Seat Jabalpur in Raghu Thakur v. State, (AIR 1997 MP 223) holding enactment as intra-vires and validating the grant and payment of pension to Ex-legislators on the strength of Entry 42 in the State List of 7th Schedule of the Constitution read with Article 246.

(3.) WE have gone through the judgment (supra) and we find ourselves in total agreement with the reasoning adopted therein and hold that the impugned legislation was valid and intra-vires the provisions of the Constitution and that grant and payment of pension to Ex-Legislators in the State did not suffer from any constitutional or legal infirmity.