SATHI ROOP LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether a former member of the Punjab Legislative Assembly who has served for a total period of four years and nine months but less than five years in two separate terms would be entitled to pension and medical benefits under the Punjab State legislature Members (Pension and Medical Facilities Regulation Act, 1977, 'is the solitary question raised in this writ petition. We are of the view that on the plain reading of the statute, the answer must be rendered in the negative.

(2.) Admittedly Sathi Roop Lal petitioner had served for a total period of 4 years 10 months and 18 days in two terms as under:-- i) From 13-3-1969 to 13-6-1971; ii) From 1-7-1979 to 16-2-1980 He laid to a pension under Section 3 Punjab State Legislature Members (Pension and Medical facilities Regulation) Act 1977 (hereinafter called the act) This was considered with meticulous care by the secretary of the Punjab Vidhan Sabha and by his detailed order, Annexure P.3 he rejected the claim on the ground that the total period of the two terms of the writ petitioners as a member of the Sabha fell short of the term of five years prescribed in Section 3 (1) of the act. Since the issues turns on the plains constructions of the section 3 (1) as amended by the Punjab state Legislation Members (Pension and Medical Facilities regulation) Amendment Bill 1979, it is opt to quote the same:-

(3.) Now viewed in the aforesaid context of the legislative history, it appears to be plain. that as originally enacted the statute had the clear intent of prescribing a minimum period of five years for eligibility for pension. It is equally not in dispute that the full term of a Legislative Assembly visualised by the-Act is fixed by the Constitution to be five years. The working, the Act, however; brought to. the fore the fact. that Legislative Assembly am sometimes 'dissolved. a little before. the Period of. Five years for. the purposes Of the next general. elections. The amendment OP.1979 was, therefore, necessitated primarily for the cases of those members who had virtually served. for the full term of five years of the Legislative Assembly but were marginally short thereof. by three months.. Sub-section (1-a). of Section, 3 of the. Act was, therefore, directed to this end alone and has little relevance or: application to the cases of members who may have served in the Legislative Assembly in two terms or more: