LILY THOMAS Vs. STATE

JUDGEMENT

(1.) The appellant who is a practising advocate in the Supreme Court of India 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 served as a Member of the Legislative Assembly or as a Member of the Legislative Council or as both for a period exceeding five years, he is to be paid an additional pension of Rs.50 per month for every further period of one year as such Member. It further provides that in no case the pension payable to the member shall exceed Rs.500 per month. The second proviso excludes certain persons from the category of persons who are entitled to pension under S.12-B(1)

(2.) Sub-secs. (2) and (2- A) are not relevant for our purpose. Sub-sec.(3) enables the State Government to make rules providing for the conditions and restrictions subject to which such pension may be granted under the Act. The proviso to sub-sec.(3) provides that pension shall not be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than travelling allowance either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government, and if any such income was or is received, the payment of pension shall be suspended for that period. There is a further proviso which also provides that no such pension shall be paid to any such person for the period during which such person was or is in receipt of pension for having been a Member of the Parliament or any other State Legislature, or Honorarium either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government and if the amount of such pension or honorarium is equal to or in excess of the pension to which he is entitled under sub-sec.(1), Cl.(b) of the proviso provides that where the amount of such pension or honorarium is less than the pension to which he is entitled under sub-sec.(1) such person shall be entitled to receive only the difference as pension under that sub-section. There are three explanations after sub-sec.(3). The first explanation defines the expression 'one term' as meaning a period of not less than one year and not more than five years of membership in the Legislative Assembly or in the Legislative Council or in both whether continuous or not. Explanation II provides that for the purpose of additional pension referred to in the proviso to sub-sec.(1), the period of membership in the Legislative Assembly or in the Legislative Council or in both need not be continuous. Expln. III gives the meaning of the word 'salary' and includes salary received as a Member of Parliament or any other State Legislature, as a Minister or Deputy Minister of the Government of India or of any other State, as Chairman or Deputy Chairman of the Council of States or the Legislative Council of any other State and as the Speaker or Deputy Speaker of the House of the People or of the Legislative Assembly of any other State.

(3.) We are really not concerned with the several provisions made in S.12-B of the Act, except the substantive provision contained in S.12-B which, as already pointed out, prescribes for payment of pension of Rs.250 per mensem to every person who after the 15th Aug. 1947 had been or is a Member of the Legislative Assembly or of the Legislative Council or of both for one term.