Himachal HC Orders Pension Release for Ex-MLAs, Calls Withholding Unconstitutional

The order came from 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 seeking release of their pensionary benefits.

Reacting to the development, a senior advocate of the Himachal Pradesh High Court and counsel Vikrant Thakur in the matter termed the withholding of pension as 'completely unconstitutional,' asserting that the state cannot go beyond the mandate of the Tenth Schedule of the Constitution.

Speaking to ANI in Shimla on Friday, Vikrant Thakur, counsel in the matter, said, "The Tenth Schedule is very clear. The Speaker does not have the power to expand its mandate. To curtail or withhold MLA pension on grounds of disqualification is completely unconstitutional and against the Constitution of India."

He further emphasised that any amendment related to pension would have no legal validity unless it receives assent from the Governor or the President and is notified in the official gazette. "Unless an amendment is assented to and published, it has no legal sanctity. The attempt to impose stricter provisions, including stopping pensions, is legally untenable," he added.

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to the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, had been withdrawn by the state government.

The Secretariat informed the court that a new amendment bill has been passed, providing that MLAs elected from the 14th Legislative Assembly onwards would not be entitled to pension if disqualified under the Tenth Schedule. However, it clarified that the provision is prospective in nature and does not apply to the petitioners, who were elected during the 12th and 13th Assemblies. The new bill is also pending the assent of the Governor.

Taking note of these submissions, the High Court directed that admissible pension, along with arrears, be released to the petitioners within one month.

Quoting the order, the bench stated, "The Secretary, H.P. 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 annum shall be payable from the date of accrual till final payment."

The senior advocate welcomed the ruling, stating that it reinforces constitutional safeguards. "The High Court has upheld the rule of law by ensuring that pension is paid within a fixed timeline, with consequences for non-compliance," he said.

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

- ANI