After the outbreak of the second world war, the Assembly had a longer life than its numbermal tenure and it was number till 1946 that fresh elections were held.
On July 17, 1948 the appellant was appointed to be Parliamentary Secretary.
In 1937, he was enrolled as an Advocate at Dharamshala and in that year he companytested the general elections to the Punjab Legislative Assembly as an independent candidate from the Kangra West General Constituency.
As from the appointed day under the States Reorganisation Act, 1956 i.e. November 1, 1956, the district of Kangra was transferred to the new State of Punjab.
From the Judgment and Order dated 31.5.1984 of the Punjab and Haryana High Court in C.W.P. No.
This Assembly was dissolved on June 19, 1951 and reconstituted on May 3, 1952.
1038 He companytinued to be a Member of the Joint Punjab Legislative Assembly till January 2, 1953 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.
By virtue of cl.
The State of Himachal Pradesh was established under the State of Himachal Pradesh Act, 1970 w.e.f.
January 25, 1971, the appointed day.
The Act was first intituled as the Himachal Pradesh Legislative Assembly Allowances of Members Act, 1971 and with the amendment of 1976, was changed to the Himachal Pradesh Legislative Assembly Allowances Pension of Members Act, 1971 by introduction of the words allowances and pension.
The appellant herein Bhagat Ram Sharma, has had a very distinguished record of public service.
He companytinued 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.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant companytested the election from the same companystituency and was again returned as the successful candidate to the newly elected Assembly.
1037 S. Sodhi, for the Respondents.
January 3, 1953.
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 Pension of Members Act, 1971 on the ground that numberpart of the cause of action against the State of Himachal Pradesh arose within the territorial jurisdiction of the High Court under Art.
The facts.
3006 of 1987.
R. Sharma, R.S. Yadav and H.M. Singh for the Appellant.
The Judgment of the Court was delivered by SEN, J. This appeal by special leave directed against the judgment and order of the Punjab Haryana High Court dated May 31, 1984, raises a question of some importance.
By the judgment, a learned Single Judge Tiwana, J. party 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 Regulation 8 3 of the Punjab State Public Service Commission Conditions of Service Regulations, 1958 w.e.f.
5440 of 1982.
August 10, 1972, the date when the said provision was first introduced.
He was returned successfully and later joined the Indian National Congress.
Prior to its dissolution, the appellant resigned from the post of Parliamentary Secretary on March, 29, 1951 and companytested elections to the reconstituted Assembly and was elected as a Member.
