M. N. CHANDURKAR (C J)

As well as in this Court, had challenged in W.P. 105 of 1984, the constitutional validity of the provisions of S.12-B of the Tamil Nadu Payment of Salaries Act 1951 (Tamil Nadu Act XX of 1951) (hereinafter referred to as the Act). The substantive part of S.12-B of the Act was first introduced by the Tamil Nadu Payment of Salaries (Second Amendment) Act 1975 and which has been amended from time to time, reads today as follows -

Section 12-B. Pension : There shall be paid a pension of two hundred and fifty rupees per mensem to every person who after the 15th day of Aug. 1947, had been or is a Member of the legislative Assembly or of the Legislative Council or of both, for one term.

"There is an explanation to this section. Cls.(a) and (b) of the said explanation give the meaning of the words 'Member of the Legislative Assembly' and they take into account the fact that some parts of the former State of Travancore-Cochin became part of the State of Tamil Nadu after the 1st Nov. 1956, and some parts of the State of Andhra Pradesh also became part of the State of Tamil Nadu after 1st April 1960. A proviso in the section provides that if a person has serve