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Himachal HC Orders Pension Release for Ex-MLAs with 6% Interest on Delay

The Himachal Pradesh High Court has ordered the state Vidhan Sabha Secretary to release pending pension and arrears to former MLAs within one month. The order warns that any delay will incur interest at 6% per annum. The case involved petitions from former legislators who were entitled to benefits under older rules, as a new law disqualifying defectors from pension applies only prospectively. The court emphasized that future pension payments must also be made in a timely manner.

Key Points: HC Orders Pension for Ex-MLAs, Sets 1-Month Deadline

  • Court sets one-month deadline for pension release
  • 6% annual interest on delayed payments
  • New law disqualifies defectors from 14th Assembly onwards
  • Petitioners from older assemblies remain eligible
2 min read

Himachal HC orders release of pension to former MLAs, sets one-month deadline with 6% interest clause

Himachal Pradesh High Court directs Vidhan Sabha to release pension arrears to former MLAs within a month, with 6% interest for delay.

"The Secretary, HP Vidhan Sabha is directed to release the arrears... within one month... failing which, interest at 6 per cent per annum shall be payable - High Court Bench"

Shimla, April 10

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.

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.

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amendment, Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, had been withdrawn by the state government.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. 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.

- ANI

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Reader Comments

S
Sarah B
Interesting to see the new provision about disqualification under the Tenth Schedule. It's a step in the right direction to discourage defections. But the law should be retrospective to cover all, not just from the 14th Assembly.
P
Priya S
While I agree pensions should be paid, it's frustrating to see such urgency for politicians when common citizens face years of delay in PF, gratuity, or even simple insurance claims. The system needs to work for everyone, not just the powerful.
V
Vikram M
The court has done its job. Now the Secretariat must comply. It's a simple matter of following the rules. The fact that a new bill is pending with the Governor shows how slow our legislative process can be sometimes.
A
Aman W
Respectfully, I have to ask: are we as taxpayers getting good value for these pensions? An MLA serves for 5 years. We need a balanced debate on the lifetime benefits versus their actual service period. Just a thought.
N
Nisha Z
Clear and timely judgment. The clarification on prospective application of the new law is crucial. It protects the rights of those who served under the old rules. Hope other states take note of such efficient judicial disposal.

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