Legal Question in Appeals and Writs in India

Stoppage of pension that Maharashtra Govt sanctioned to the Ex MLA Bombay

I am Ex MLA elected from Kunkavav, Gondal region under Bombay state constituency of Bombay Legislative Assembly for the period 1957-1962.

In the year 1960, the State of Bombay was bifurcated into two new States of Maharashtra and Gujarat by the Bombay Reorganisation Act, 1960.

The Maharashtra Government has sanctioned pension under Maharashtra Legislature Member�s Pension Act 1976. Under this act any member elected from Bombay Legislative Assembly during 1957 was eligible for pension.

I have received pension with all the arrears w.e.f. 01.04.1977 to 30.06.2002.

All of a sudden this pension was stopped w.e.f. 01.07.2002 by letter no 2792/H/PENCEL dtd. 14.02.2002 without prior intimation. It is quiet surprising that though the Maharashtra Legislature Member�s Pension Act 1976 was never amended, after paying the pension for 25 years, it was stopped at once by misconception of the act through the letter by Maharashtra Vidhansabha as mentioned above.

By this atrocious act by Maharashtra Vidhansabha, I am hung by very tough condition financially, mentally & physically, with no source of income to meet up my and my wife�s requirements at the age of 85 years.

Please guide me is this step taken by Maharashtra Govt. is justified?


Asked on 7/13/08, 5:37 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Stoppage of pension that Maharashtra Govt sanctioned to the Ex MLA Bombay

You can file writ petition or pil in High Court after consulting a good senior High court lawyer.

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Answered on 7/15/08, 5:46 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Stoppage of pension that Maharashtra Govt sanctioned to the Ex MLA Bombay

Prima facie it seems unjustified, but nothing be said without having a look at the terms and conditions of the 1978 Act and the 14-02-02 letter. Also, it would be difficult to believe you have not written to the govt. since Feb. 02. That info also is necessary.

SUGGESTION--Writ might bring you relief. Contact some advocate.

M C Gupta

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Answered on 7/13/08, 5:52 am
Advocate Siva Subramanian M/s. R. Siva Subramanian

Re: Stoppage of pension that Maharashtra Govt sanctioned to the Ex MLA Bombay

Dear Sir,

Firstly, I would like to salute you for being an ex-MLA who has not accumulated wealth like those of current politicians. Certainly, your honesty would help you.

I have added my two cents to this question.

(1) Under the 'Right to Information Act' you can gather the facts about the G.O., and how many persons are affected by it. Either you can go ahead alone or with the body of persons affected by this particular G.O.,

(2) Please go through the Act and G.O., as advised by Mr. Mahesh Gupta,and find-out the reasons for stopping the pension.

(3) After gathering the facts either you can send a detailed application to the Chief Secretary of Maharashtra Govt (or CM Cell) or you can file a 'writ petition' directly.

Kindly do send us the action taken/reply received.

All the best.

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Answered on 7/15/08, 12:59 am


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