P. R. GOKULAKRISHNAN, S. B. MAJMUDAR, J.

( 1 ) A retired High Court Judge and three others have filed this public interest litigation questioning the constitutional validity of the Gujarat Legislative Assembly Members Pension Act 1984 with a further prayer to issue a writ of mandamus against the State of Gujarat restraining it from issuing any notification in the Official Gazette for appointing the date for coming into force of the impugned Act. i. e. the Gujarat Legislative Assembly Members Pension Act 1984 In and by the said Act the members of the Legislative Assembly are given the opportunity of receiving pension of Rs. 300. 00 who have served as members for a term of office of five years whether before or after such commencement and whether continuously or not. The Act further provides that where any person has served as aforesaid for a period exceeding five years he will be paid an additional pension of Rs. 60. 00 per month for every year of such service in excess of five years and that however the pension payable shall not exceed Rs. 600. 00 per month. There is a further provision in the Act that in case the Assembly is dissolved before the expire of its duration of five years

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