Revise pension notification for PSC non-official members: HC

The HP High Court has directed the state government to revisit and thereafter revise the notification issued on March 12, 2004, whereby, it had introduced pension for non-official members of the State Public Service Commission.

A division bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja further directed the state to revise the above said notification after taking into consideration the Consumer Price Index.

While passing this order, the court observed that “It is not in dispute that the chairman and members of the Himachal Pradesh Public Service Commission are entitled to pension in terms of the Himachal Pradesh Public Service (Members) Regulations, 1974. This pension was introduced about two decades back for non-official members, vide notification issued on March, 12, 2004. Unfortunately, the same has not been revised till date even though the cost of living has drastically increased.”

The court passed this order on a petition filed by the former chairman of HP State Public Service Commission KS Tomar alleging therein that the government has arbitrarily fixed the pension at reduced rates in effect depriving of the fundamental rights of the petitioner under Article 14, 16 and 21 of the Constitution of India.

It was further contended in the petition that the chairman as well as the members of the Public Service Commission (PSC) are disabled from taking up any employment/office of profit on their retirement from the PSC. The government chose to fix the pension in the case of petitioner and others similar situated persons at a reduced rate, without having any regard to the office which they held and in a constitutional body or the day to day rise in the cost of living.

Himachal Tribune