Disbursement of pension to former Haryana chief minister Om Prakash Chautala and his son Ajay Chautala, also a former MLA, has been challenged in the Punjab and Haryana high court. The two are serving a 10-year jail term in connection with Junior Basic Teachers (JBT) recruitment scam.
Advocate HC Arora on Friday filed a public interest litigation (PIL) in the high court, seeking directions to Haryana government and Vidhan Sabha secretary to withdraw pension to the father-son duo. The matter was listed for hearing before the high court bench of justices Surya Kant and PB Bajanthri, which recused from hearing the matter and ordered for listing the case before some other bench.
The petitioner advocate has stated that he had procured the information under the Right to Information Act, according to which Ajay Chautala was drawing Rs 50,100 per month and Om Prakash Chautala Rs 2.15 lakh per month as pension from the state.
It has been argued that under Sections 7-A (1-A) of the Haryana Legislative Assembly (Salary, Allowance and Pension of Members) Act 1975, such pension was not admissible to a member in respect of the term and during the period in which he was disqualified under the Representation of People Act 1951.
The duo had been convicted and were not entitled to draw pension for the period for which they were disqualified under the Representation of the People Act 1951, the petitioner had argued.
They were convicted by a Delhi trial court in January 2013 and their appeal was rejected by Delhi high court in March 2015.
“When the said appeal was rejected by the Delhi High Court on March 5, 2015, the term of their membership in Haryana Vidhan Sabha had already expired on October 27, 2014. Any pension disbursed to them January 16, 2013 onwards was liable to be recovered from them,” the petitioner submitted before the court.