SURAJ PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 1-3-95 of the respondent No. 3, Senior Accounts Officer, Bihar, Patna stopping the payment of pension of the petitioner as Member of Legislative Council, Bihar.

(2.) It appears that the petitioner was Member of Legislative Assembly, Bihar from 1962 to 1967. He was Member of Parliament (Rajya Sabha) from 1968 to 1974 and 1982 to 1988. He was also Member of Legislative Council, Bihar from 1974 to 1980. On 7-6-88 he was granted pension of Member of Parliament at the rate of Rs. 850/- per month under Section 8A of the Salary, Allowances and Pension of Member of Parliament Act 1954. On 22-12-90. He was granted pension of Member of Legislative Council, Bihar under Section 10A of the Bihar Legislature (Members' Salaries, Allowances and Pension) Act, 1960, at the rate of Rs. 1600/- per month with effect from 1-1-91. Since the amount of pension of Member of Legislative Council was more than the amount of pension of Member of Parliament, petitioner stopped getting pension of Member of Parliament with effect from 1-1-91. On 9-6-93, Section 8A of Salary, Allowances and Pension of Member of Parliament Act, 1954 was amended by Act No. 48 of 1993 as under :-

(3.) Heard the learned counsel for the parties and perused the record.