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1987 Supreme(SC) 856

A.P.SEN, B.C.RAY
Bhagat Ram Sharma – Appellant
Versus
Union Of India – Respondent


Advocates:
H.M.SINGH, M.R.SHARMA, R.S.SODHI, R.S.Yadav

Judgment

A. P. SEN, J. - This appeal by special leave directed against the judgment and order of the Punjab and Haryana High Court dated May 31, 1984 (reported in 1985 Lab IC 514), raises a question of some importance. By the judgment, a learned single Judge (Tiwana, J.) partly allowed the writ petition filed by the appellant and ordained the State Government of Punjab to pay a pension of Rs. 400 per mensem to the appellant as a retired Member of the Punjab State Public Service Commission under Regn. 8(3) of the Punjab State Public Service Commission (Conditions of Service) Regulations, 1958 w.e.f. Aug. 10, 1972, the date when the said provision was first introduced. While disallowing his claim for payment of such pension from January 2, 1959 i.e. from the date of his retirement, the learned single Judge disallowed the appellants claim for pension as a Member of the State Legislative Assembly under the proviso to sub-s. (1) of S. 6B of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 on the ground that no part of the cause of action against the State of Himachal Pradesh arose within the territorial jurisdiction of the High Court under Art. 226













































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