Haryana Vidhan Sabha has decided that 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.
"Ajay Singh Chautala and OP Chautala, both ex-MlAs are fully entitled to draw pension and their pension cannot be withheld only on the ground of their conviction because they have never been disqualified neither under the provisions of the Representation of People Act, 1951 nor Anti Defection law," said RK Nandal, Secretary, Haryana Vidhan Sabha while talking to the mediapersons.
The Secretary has also issued orders on Monday in this regard. Om Prakash (81) draws a monthly pension of Rs 2,15,430 and his son Ajay Chautala (55) draws Rs 50,100.
Earlier this month, Nandal heard arguments on Chautalas' entitlement to pensions as ex-MlAs despite their conviction in the JBT recruitment scam.
Notably, a senior advocate here had moved a petition in the Punjab and Haryana High Court 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. The petitioner had claimed both father and son had received around Rs 95 lakh as pension after their conviction in a graft case.
The Chautalas and three others are serving 10-year-term in the Haryana teachers' recruitment scam in 2000.
The High Court had recently directed the Secretary Vidhan Sabha to take the call on Chautalas' entitlement to pension as ex-MlAs despite their conviction in a case under the Prevention of Corruption Act.
In an order issued on Monday, 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," the orders stated.