STATE OF J&K Vs. T R ATRI

JUDGEMENT

(1.) WE have heard Mr. Ashok Parihar, Addl. Advocate General for the appellant as well as Mrs. Sindhu Sharma, learned counsel for the respondents.

(2.) THIS Letters Patent Appeal has been preferred by the State against the judgment and order dated: 31 -05 -1990. By the aforesaid order, the Learned Single Judge allowed writ petition filed by the respondents herein. The learned Single Judge was of the view that sub -section 2 of the section 4 of the Jammu and Kashmir State Legislature Members Pension Act, 1984 is ultra -vires of Article 14 of the Constitution and the said section has been declared void.

(3.) THE facts leading to the filling of the present appeal may be summarily recited. Respondents were in the government service. Respondent -1 was the District and Sessions Judge and Respondent -2 was the Deputy Director of Field Survey Organization. They sought premature retirement after completing qualifying service of 20 years with the intention to enter into fray of assembly election. The premature retirement was granted and both of them won and had been elected to MLC and MLA posts for a term of five years from 1972 to 1977.