The High Court of Himachal Pradesh has ordered the secretary of the state Vidhan Sabha to immediately release all due pension, along with arrears, to former legislators within one month, warning that failure to do so would invite six per cent interest per annum. The directions were passed by the 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 pensioner benefits.
During the course of 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amendment, Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, had been withdrawn by the state government.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 also informed the court that a new amendment bill had been passed by the state legislature.
According to the new provision, 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.
The Assembly secretariat clarified to the court that the new amendment applies only to MLAs elected from the 14th assembly onwards, while earlier elected MLAs remain immune to such amendments.
Since both petitioners were elected in the 12th and 13th assemblies, they do not fall within the ambit of the new pension provision and are thus qualified to receive their benefits.
The court was also informed that the new bill is currently pending the assent of the Governor.
While announcing the verdict, 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 until final payment.”
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