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 of the Constitution.

2. The facts. The appellant herein Bhagat Ram Sharma, has had a very distinguished record of public service. In 1937, he was enrolled as an Advocate at Dharamshala and in that he contested the general elections to the Punjab Legislative Assembly as an independent candidate from the Kangra West General Constituency. He was returned successfully and later joined the Indian National Congress. After the outbreak of the second world war, the Assembly had a logner life than its normal tenure and it was not till 1946 that fresh elections were held. The appellant contested the election from the same constituency and was again returned as the successful candidate to the newly elected Assembly. Before the expiry of the normal term of that Assembly, the partition of the country having taken place, the appellant by virtue of S. 5 of the Punjab (Provincial Legislatures) Order, 1947 issued under S. 9 of the India Independence Act, 1947, became a Member of the Joint Punjab Legislative Assembly. On July 17,1948 the appellant was appointed to be Parliamentary Secretary. This Assembly was dissolved on June 19, 1951, and reconstituted on May 3, 1952. Prior to its dissolution, the appellant resigned from the post of Parliamentary Secretary on March 29, 1951 and contested elections to the reconstituted Assembly and was elected as a Member. He continued to be a Member of the Joint Punjab Legislative Assembly till January, 2, 1963 when, according to him he resigned the Membership of the Assembly as directed by the Congress High Command to become a Member of the Punjab State Public Service Commission w.e.f. January 3, 1953. He continued to be such Member of the Public Service Commission for a period of six years i.e. till January 2, 1959, the date of his superannuation.

3. As from the appointed day under the States Reorganisation Act, 1956, i.e. Nov. 1, 1956, the district of Kangra was transferred to the new State of Punjab. By virtue of cl. (a) of sub-s. (1) of S. 5 of the Punjab Reorganisation Act, 1966, on and from the appointed day i.e. Nov. 1, 1966, the district of Kangra was added to the Union Territory of Himachal Pradesh. The State of Himachal Pradesh was established under the State of Himachal Pradesh Act, 1970 w.e.f. January 25, 1971, the appointed day. Sub-section (2) of S. 10 of the Act provides that the territorial constituencies of the existing Union Territory of Himachal Pradesh shall be deemed to be the constituencies of the Legislative Assembly of the State of Himachal Pradesh. Sub-section (3) thereof provides that every sitting Member of the Legislative Assembly of the existing Union Territory of Himachal Pradesh representing a territorial constituency which, on the appointed day, by virtue of the provisions of sub-s. (2), becomes a cons