GURMESH PRAKASH BISHNOI versus STATE OF HARYANA AND ORS.

Citation: [1998] 3 S.C.R. 194 · Decided: 05-05-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR, G.B. PATTANAIK · Disposal: Case Allowed

Judgment (excerpt)

A 
B 
GURMESH PRAKASH BISHNOJ 
v. 
STATE OF HARYANA AND ORS. 
MAY 5, 1998 
[MRS. SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.] 
Haryana Public Service Commission (Condition a/Service) Regulations, 
1972: Regulation (A(l)-Proviso. 
C 
Haryana Public Service Commission-Appointment of appellant as 
Member-Appointment of appellant-member as Chairman subsequently-
Entitlement to pension-whether on the basis of service as Chairman or also 
on the basis of service as member-Held the appellant is entitled to pension 
as a member for the sen•ice he rendered as a member prior to his appointment 
as Chairman subject to the maximum, as also pension as Chairman of the 
D Haryana Public Service Commission calculated on the basis of the period 
during which he held ojficP of the Chairman, subject to maximum as laid 
down in Regulation 9A. 
E 
F 
CIVIL APP ELLA TE JURISDICTION : Civil Appeal No. 2723 
of 1998. 
From the Judgment and Order dated 29.8.97 of the Punjab & Haryana 
High Court in C.W.P. No. 12291of1997. 
B.S. Malik and K.S. Chauhan for the Appellant. 
Ms. Nandini Gore and Prem Malhotra for the Respondents. 
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 
G 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 a 
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. 
H 
The appellant contends that in addition, he is also entitled to pension 
194 
G.P. BISHNOlv. STATE 
195 
for his services as a member of the Haryana Public Service Commission· for A 
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 Regulations 9A(l ). The relevant 
portion of Regulations 9A is as follows : 
9A(l) : "Subject to the provisions of these regulations, every person, 
who, on or after the 1st day of November, 1966. Ceases to hold the 
office of the Chariman or the Member, shall, with effect from the !st 
December, 1973 or the date of his ceasing to hold the office, whichever 
B 
is later, be entitled to pension for his life at the rate of two hundred 
rupees per month for ea::h completed year of service as the Chariman C 
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; 
D 
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 Chariman ofH.P.S.C. or of any other State Public 
Service Commission." 
E 
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. 
F 
Under Rule 9A(l) 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 G 
a Chairman or whether he will also be entitled to a separate pension 6n 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, partly as H 
196 
SUPREME COURT REPORTS 
(1998] 3 S.C.R. 
A 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 expres provision. However

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