GH MOHAMMAD LONE Vs. ABDUL RASHID DAR

JUDGEMENT

(1.) Application Gh. Mohd. Lone filed OWP No. 495/87 for pension as Legislature of the J. and K. Assembly. The writ petition was disposed of on 16-10-1998 upholding the applicants claim for pension. The Court observed :-

(2.) As follow up to the judgment applicant was granted pension from the date the amendment Act 13 of 1997 of J and K State Legislature Member Pension Act of 1984 came into force. The applicant feeling that the judgment of the Court was not given full effect and the petitioner was not given pension from due date has filed this contempt petition against the Chairman, J. and K. Legislature Council, Srinagar.

(3.) The statement of facts on behalf of the respondent has been filed in terms thereof it is alleged that the applicant was given benefit of the judgment w.e.f. 2-6-1997 the date from which the amending Act 13 of 1997 came into force. This is so because prior to amendment Act of 1997, the eligibility to get pension under J. and K. State Legislatures Members Pension Act, 1984 was five years minimum tenure as such member of the Legislature and after 2-6-97 the period was reduced to two years to get the pension under the Act and Rules framed thereunder. Since applicant writ petitioner had only two years tenure as Member of the Legislature, therefore, he was given pension w.e.f. 2-6-97, the date on which above amendment Act came into force. In the judgment of the Court no date is specified for the applicant to earn pension. Petitioner has been awarded pension both on the strength of judgment of the High Court in earlier writ petition of one Gh. Quadir Mir and above Amending Act 13 of 1997. Respondents while interpreting the judgment understood to be conveyed that the applicant was entitled to pension on the basis of two years tenure the period of his membership of Legislature. Therefore he earned the pension subject to other conditions only from 2-6-97. As judgment has been Implemented in letter and spirit, the respondents have not commited contempt.