HP HC orders Vidhan Sabha to pay ex-MLAs' pensions within one month

The Himachal Pradesh High Court has ordered the Vidhan Sabha to release pending pensions to former MLAs Rajinder Rana and Ravi Thakur within a month. The court warned that any delay beyond this period would attract a 6% annual interest penalty.

The Himachal Pradesh High Court has directed the Secretary of the Himachal Pradesh Vidhan Sabha to release due pension and arrears to former legislators within one month, cautioning that any delay will invite interest at the rate of 6 per cent per annum.

Background of the Petitions

The directions were issued by a Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma while disposing of two writ petitions filed by former MLAs Rajinder Rana and Ravi Thakur, who had sought release of their pensionary benefits.

Clarification on Legislative Amendments

During the proceedings, the court was informed through a communication placed on record by the Himachal Pradesh Vidhan Sabha Secretariat that the earlier amendment, Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, had been withdrawn by the state government.

The Secretariat further apprised the court that a new amendment bill had been passed by the state legislature. The new provision stipulates that any person elected as a Member of the Legislative Assembly from the 14th Assembly onwards would not be entitled to a pension if disqualified under the Tenth Schedule of the Constitution. However, the Vidhan Sabha Secretary clarified that the new law has prospective applicability and is limited only to MLAs elected from the 14th Legislative Assembly onwards. Since the petitioners were elected during the 12th and 13th Assemblies, they do not fall within the ambit of the new provision and remain entitled to pension for their previous terms.

Court's Final Ruling and Order

The court was also informed that the new bill is currently pending the assent of the Governor. Taking note of the submission, the High Court disposed of the petitions with a direction to the Vidhan Sabha Secretary to release the admissible pension along with arrears within one month.

Quoting the order, the bench stated, "The Secretary, HP Vidhan Sabha is directed to release the arrears of due and admissible pension to the petitioner within one month... failing which, interest at 6 per cent per annum shall be payable from the date of accrual till final payment."

The court further clarified that future pension payments must be released in a timely manner.

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