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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PUSHPENDRA SINGH BHATI, VINIT KUMAR MATHUR
Milap Chand Dandia S/o Late Shri Gendilal Ji Dandia – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to the constitutional validity of legislative pension provisions. (Para 1) |
| 2. petitioner argues pension for mlas lacks specific constitutional authorization. (Para 2) |
| 3. respondent argues legislative competence exists under entry 42, list ii. (Para 3) |
| 4. settled precedent confirms legislative competence for state pension laws. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. writ petition dismissed as devoid of merit. (Para 13 , 14 , 15) |
JUDGMENT :
1. The present writ petition, instituted in the nature of a Public Interest Litigation, has been preferred by the petitioner questioning the constitutional validity of the Rajasthan Legislative Assembly (Officers and Members Salary, Emoluments and Pension) Act, 1956, insofar as it provides pensionary benefits to former Members of the Legislative Assembly. The petitioner has also assailed the subsequent amendments extending additional benefits to such members.
1.1. The reliefs sought in the writ petition read as under:
"In the premise aforesaid it is respectfully prayed:
(i) that the Rajasthan Legislative Assembly (Officers and Members Salary, Emoluments and Pension Act, 1956 (Act 6 of 1957) granting or allowing payment
The state legislature possesses the constitutional competence to enact laws providing pensionary benefits to former members of the legislative assembly. The absence of an express provision for pensio....
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
Subsidiary legislation cannot have retrospective effect unless expressly permitted by the principal Act; accrued rights to pensions cannot be modified retroactively.
Judges' pensions are a protected right under Article 125(7) of the Federal Constitution, and any alteration to the pension adjustment formula that disadvantages retired judges is unconstitutional.
It is settled proposition of law that provisions are required to be read as they exist.
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