PURAN CHAND AZAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, petitioner Puran Chand Azad, Ex Member Legislative Council, Erstwhile Punjab, has questioned the validity of the amendment made in Section 7-A of the Principal Act called as the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975 (hereinafter referred to as the Act of 1975) by enacting the amended Act, called as the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1998 being ultra vires, illegal, arbitrary and violative of Article 14 of the Constitution of India, wherein the petitioner has not been equated at par with those members of the Legislative Assembly Council who have remained members upto 5 years, as was being done earlier.

(2.) The petitioner was elected as a member of the Punjab Legislative Council (Upper House) in the year 1952 for a period of six years. As per the provisions of the Constitution of India, one third of the total strength of the upper House was to retire after every two years. Being the first Legislative Council of the State, decision regarding retirement of one third of the total strength was taken by draw of lots, and name of the petitioner came in the first draw of lots. Consequently, he had to retire from the membership of the Legislative Council only after serving two years.

(3.) In the year 1975, the State of Haryana enacted the Act of 1975 with intent to provide certain benefits to the members of the Legislative Assembly. However, no provision was made for pension of the members of the Legislative Assembly or the Council. In the year 1977, by an amendment, the word 'allowances' in the Act of 1975 was substituted by the word 'allowances and pension', and after Section 7, Section 7-A was inserted, which reads as under :-