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SURAJ PRASAD V/S STATE OF BIHAR, decided on Thursday, November 12, 1998.
[ In the High Court of Patna, Civil Writ Jurn. 10447 Of 1996. ] 12/11/1998
Judge(s) : J.N. DUBEY
Advocate(s) : Birendra Prasad Verma, Murli Manohar Singh, Prabhash Ranjan, Sanjay K. Sharma, Ashok Prasad, V.N. Sinha, S.N. Pathak.
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  "1999 AIR (Pat) 59"   ==   "1998 (3) PatLJR 919"  







judgment - (1) This writ petition is directed against the order dated 1-3-95 of the respondent No. 3 Senior Accounts Officer Bihar Patna stopping the payment of pension of the petitioner as Member of Legislative Council Bihar.(2) It appears that the petitioner was Member of Legislative Assembly Bihar from 1962 to 1967. He was Member of Parliament (Rajya Sabha) from 1968 to 1974 and 1982 to 1988. He was also Member of Legislative Council Bihar from 1974 to 1980. On 7-6-88 he was granted pension of Member of Parliament at the rate of Rs. 850/- per month under Section 8A of the Salary Allowances and Pension of Member of Parliament Act 1954. On 22-12-90. He was granted pension of Member of Legislative Council Bihar under Section 10A of the Bihar Legislature (Members' Salaries Allowances and Pension) Act 1960 at the rate of Rs. 1600/- per month with effect from 1-1-91. Since the amount of pension of Member of Legislative Council was more than the amount of pension of Member of Parliament petitioner stopped getting pension of Member of Parliament with effect from 1-1-91. On 9-6-93 Section 8A of Salary Allowances and Pension of Member of Parliament Act 1954 was amended by Act No. 48 of 1993 as under :-(b) for sub-section (3) the following sub-section shall be substituted namely :-(3) Where any person entitled for Pension under sub-section (1) is also entitled to any other pension such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.In view of amendment of Section 8A the petitioner was granted pension of Member of Parliament at the rate of Rs. 3150/- per month with effect from 9-6-93. On 1-3-95 respondent No. 3 stopped payment of pension of Member of Legislative Council Bihar to the petitioner. Hence this writ petition.(3) Heard the learned counsel for the parties and perused the record.(4) Learned counsel for the petitioner contended that in view of the amendment of Section 8A of the Salary Allowances and Pension of Members of Parliament Act 1954 the petitioner was entitled to get pension of Member of Parliament as well as Member of Legislative Council Bihar.(5) I find no substance in this argument of the learned counsel for the petitioner. It is true that in view of amendment of Section 8A of the Salary Allowances and Pension of Members of Parliament Act 1954 where any person entitled for pension under sub-section (1) is also entitled to any other pension such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension but it is of no help to the petitioner. After amendment a Member of Parliament is entitled to get pension under sub-section (1) of Section 8A in addition to the pension he is getting from any other source. However this has no bearing on the payment of pension to the Members of Legislative Council of Bihar. Pension to the Members of Legislative Council of Bihar is paid under Section 10A of Bihar Legislature (Members' Salaries Allowances and Pension) Act 1960 which runs as under :-10A. (1) With effect from the date of commencement of the Bihar Legislature (Members' Salaries Allowances and Pension) (Third Amendment) Act 1976 every such person as the case may be-(i) as a member of the Bihar Legislative Assembly; or(ii) as a member of the Bihar Legislative Council; or(iii) partly as a member of the Bihar Legislative Assembly or partly as a member of this Bihar Legislative Council; *** *** *** *** *** ***(2) *** *** ***(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Central Government or any State Government or any Corporation owned or controlled by the Central Government or any State Government or any local authority under any law or otherwise then :-(a) Where the amount of pension to which he is entitled under such law or otherwise is equal to or in excess of that to which he is entitled under sub-section (1) such person shall not be entitled to any pension under sub-section (1); and(b) Where the amount of pension to which he is entitled under such law or otherwise is less than that to which he is entitled under sub-section (1) such person shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section.(6) The case of the petitioner is covered by Clause (a) which provides that where the amount of pension to which a person is entitled from any other source is equal to or in excess of that to which he is entitled under sub-section (1) he shall not be entitled to any pension under sub-section (1). Since the petitioner is getting Rs. 3150/- per month as pension of Member of Parliament which is more than Rs. 1600/- per month the pension of Member of Legislative Council of Bihar he is not entitled for any pension under Section 10-A(1) of the Bihar Legislature (Members' Salaries Allowances and Pension) Act 1960.(7) The impugned order of the respondent No. 3 does not suffer from any error much less an error apparent on the face of the record which may warrant interference by this Court under Article 226 of the Constitution.(8) The writ petition is devoid of merit and is accordingly dismissed.Petition dismissed.