GH MOHD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , a former Member Legislative Council has been denied pension. It is this denial which has led him to approach this Court.

(2.) THERE exist a statute by the name of Jammu and Kashmir State Legislature Member Pension Act of 1984. This statute makes a provision to the effect that every member of the Legislative Assembly and Legislative Council who has served for a period of five years is entitled to pension. This Act was amended by Act XIII of 1997. The amendment is relevant and is being noticed. This reads as: -

(3.) BASICALLY a member who had completed full five years tenure was entitled to pension. This period now stand reduced to two years. In the Act as it originally stand some exceptions have been carved out. These exceptions are as under: