Gurmesh
Prakash Bishnoi Vs. State of Haryana & Ors [1988] INSC 141 (5 May 1988)
Sujata
V. Manohar, G.B. Pattanaik
ACT:
HEAD NOTE:
THE
5TH DAY OF MAY, 1998 Present:
Hon'ble
Mrs. Justice Sujata V. Manohar Hon'ble Mr. Justice G.B. Pattanaik B.S. Malik, Sr.
Adv., K.S. Chauhan, Adv. with him for the appellant Ms. Nandini Gore, Prem Malhotra,
Advs., for the Respondents O R D E R The following Order of the Court was
delivered:
Special
leave granted.
Heard
both sides.
The
appellant was appointed as member of the Haryana Public Service Commission with
effect from 4.3.80. He continued as a member of the Haryana Public Service
Commission till 28.8.84 when he was appointed as Chairman of the Haryana Public
Service Commission. He continued as Chairman of the Haryana Public Service
Commission for a period of six years up to 27.8.90. The appellant was granted
pension at the rate of Rs. 1,800/- per month for his services as Chairman of
the Haryana Public Service Commission.
The
appellant contends that in addition, he is also entitled to pension for his
services as a member of the Haryana Public Service Commission for a period of 4
years, 5 months and 24 days. The relevant Regulation of the haryana Government
known as the Haryana Public Service Commission (Conditions of Service)
Regulations, 1972 is Regulation 9A(1). The relevant portion of Regulation 9A is
as follows:
9A(1):
"Subject to the provisions of these regulations, every person, who, on or
after the Ist day of November, 1966, ceases to hold the office of the Chairman
or the Member, shall, with effect from the Ist December, 1973 or the date of
his ceasing to hold the office, whichever is later, be entitled to pension for
his life at the rate of two hundred rupees per month for each completed year of
service as the Chairman or the Member, as the case may be, rendered after the
31st day of October, 1966, subject to a maximum of eight hundred and fifty
rupees and seven hundred and fifty rupees per month respectively:
...................................
...................................
...................................
Provided
further that no pension shall be payable during the period for
which................the Member may, after his retirement as such, hold office
as .............the Chairman of H.P.S.C. or of any other State Public Service
Commission." The quantum of pension has since been revised to Rs.250/- per
month for a member and Rs.300/- per month for the Chairman. The maximum quantum
of pension has also been revised to Rs. 1,800/- per month in the case of the
Chairman and Rs. 1,500/- per month in the case of a member. The appellant is
entitled to the benefit of the revised amount.
Under
Rule 9A(1) two separate ceilings are provided;
one
for the pension of a Chairman and the other for the pension of a member. The
question is whether a person who has acted both as a member and subsequently as
a Chairman, will be entitled to a pension only on the basis of his services as
a Chairman or whether he will also be entitled to a separate pension on the
basis of his services as a member of the Haryana Public Service Commission.
Under the Union Public Service Commission (Members) Regulations 1969, there is
an express provision contained in Explanation (II) to Regulation 9 which
provides that when the total service for pension is rendered by a person,
partly as a member and, partly as a Chairman, the pension Admissible to such
person shall be the aggregate of the pension calculated separately for each
such term as a member and as a Chairman. In the Haryana Public Service
Commission (Regulations) 1972 there is no such express provision. However, the
proviso to Rule 9A throws some light on the manner in which the pension is to
be calculated. Under the proviso, when a member of the Haryana Public Service
Commission retires as a member, he would be entitled to pension as a member.
However, if he thereafter holds office (inter alia) as the Chairman of the Haryana
Public Service Commission, he will not get any pension during the period for
which he holds office as Chairman. There is an embargo on his receiving pension
as a member during the period he functions as a Chairman. Once he ceased to
function as a Chairman the embargo is lifted and he would be entitled to get
pension as a member for the period during which he served as a member of the Haryana
Public Service Commission. This, of course, will be subject to the ceiling
prescribed under Regulation 9A. At the same time as the Chairman of the Haryana
Public Service Commission, for the period of service rendered by him as
Chairman, he would also get pension at the rate prescribed under Regulation 9A
subject to the maximum. The appellant is, therefore, entitled to pension as a
member for the service he rendered as a member prior to his appointment as
Chairman subject to the maximum, as also pension as Chairman of the Haryana
Public Service Commission calculated on the basis of the period during which he
held office of the Chairman, subject to a maximum as laid down in Regulation
9A. The appeal is allowed accordingly. The impugned order of the High Court is
set aside.
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