Capping of pension to former MLAs: Haryana says no in high court hearing

CHANDIGARH: The Haryana government has said no to capping of pension to former MLAs.

The submissions in this regard were made before the Punjab and Haryana high court on Tuesday during resumed hearing on a contempt of court proceedings on the issue initiated on the plea of a high court lawyer.

“The matter was examined in detail at the highest level and it was resolved that the salary allowances and pension admissible to ex-MLAs of Haryana are within the administrative purview of the Haryana Vidhan Sabha. Thus, comments of secretary of Haryana Vidhan Sabha were sought in this matter. The proposal received from the Haryana Vidhan Sabha has been considered by the competent authority, “says the reply submitted by chief secretary, while adding that no further changes in pension were required.

In this matter, advocate HC Arora had given representation in December 2015 to the Haryana government arguing that such a pension should not be more than being given to sitting MLAs.

As the government did not act on it, he filed a petition in the high court, which was disposed of in February 2016 with a direction to chief secretary to decide the representation of Arora. As the government failed to act again, a contempt petition was moved on August 4. The petition has now been disposed of with the government acting on the representation but deciding not to make changes in pension to ex-legislators.

As per petitioner, former MLA Ajay Singh Yadav is getting a pension of `2.3 lakh per month and former chief minister Om Parkash Chautala `2.15 lakh per month. He had appended a list of 17 former MLAs who are getting monthly pension between `1.5 lakh and `2.3 lakh per month.

The pension of an ex-MLA is determined by number of times he or she has been elected.

Arora had argued that a retired chief secretary could never be given pension amount which was more than the last drawn salary and allowances drawn by him as the chief secretary. Similar is the position of a retired high court or Supreme Court judge, or chief election commissioner of India.

“That apart, an ex-MLA does not require more compensation for discharging his duties towards public, than a sitting MLA. The payment of such excessive pensions to exMLAs is not only arbitrary and unjustified, but is otherwise too, unjust enrichment at the cost of tax payers’ money,” Arora had argued.