HARI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition No. 4282 and 4843 of 1988 involving common questions of law and facts. For the purpose of judgment, the facts have been picked up from Civil Writ Petition No. 4282 of 1988.

(2.) The petitioner, who was 92 years old at the time of filing of this writ petition, has filed this writ petition under Article 226/227 of the Constitution of India for issuance of writ of certiorari to strike down sub-section (4) of Section 7- A of the Haryana Legislative Assembly (Allowances & Pensions of Members), Act 1975 to the extent it disentitles the members to the pension who were elected before the commencement of Constitution of India being arbitrary and violative of Article 14 of the Constitution of India with a further prayer to direct the respondents to grant him pension w.e.f. April 7, 1977.

(3.) The brief facts of the case are that the petitioner was elected as member of the Punjab Legislative Council in the year 1926 from Ambala Division (Sikh) Constituency and continued as such till 1930. The gazette notification declaring him elected as member was published by the Government on December 10, 1926 by virtue of the provisions of sub-rule (8) of the Rule 14 of the Punjab Electoral. In the year 1977, the State of Haryana took a decision to introduce a provision in law for allowing pension to the Members of the Vidhan Sabha in order to maintain the dignity and respect of the office of the members. Consequently, the Haryana Legislative Assembly (Allowances of Members) Act, 1975 was amended vide Haryana Act No. 6 of 1977 and new Section 7-A was inserted therein making provision for pension to every person who has served for a period of five years, whether continuous or not, as a member. As per amended provision, a member of Haryana Legislative Assembly who has served for a period of five years whether continuous or not, is to get Rs. 300/- per month as pension.