Haryana Vidhan Sabha Secretary R. K. Nandal on Monday said former Chief Minister Om Prakash Chautala and his son and ex-MLA Ajay Singh Chautala, convicted and currently serving their jail terms in a teachers recruitment scam, are entitled to draw their pension.
In an order issued on Monday, Mr Nandal said Chautalas’ pensions cannot be withheld only on the ground of their conviction because they have never been disqualified - either under the provisions of the Representation of People’s Act, 1951, or the anti-defection law.
“In view of the provisions of law, I am of the considered opinion that Ajay Singh Chautala and Om Prakash Chautala, ex-MLAs, are fully entitled to draw pensions,” he said. He said that it’s the “settled law that the pension granted to a public servant/member” on his retirement is his property within the meaning of Article 31 (1) of the Constitution of India.
”...and the character of pension as ‘property’ cannot possibly undergo such mutation at the whim of a particular person...,” he said.
Earlier this month, Mr Nandal heard arguments on Chautalas’ entitlement to pensions as ex-MLAs despite their conviction in the JBT recruitment scam.
A senior advocate here had moved a petition earlier this year and later on also appeared before Secretary of the Haryana Assembly with a plea not to disburse them pension in light of the conviction.- PTI
