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Ex MLA not getting pension request your guidance

(Querist) 22 April 2009 This query is : Resolved 
This is to bring to your notice that Mr. Tapubhai Vaghela is an Ex MLA of Gujarat State. At the age of 86 he is not getting any pension from either Maharashtra Govt or any pension from Gujarat Govt.

He has also written many communication mails which is enclosed as below.
I would like you to bring this issue to the notice of the Govt through your popular news media.

What steps he can take further?

TAPUBHAI VAGHELA
(Ex-MLA, Maharashtra (Bombay State & Gujarat State
“MADHUVAN”,
8 – Ramkrishna Nagar,
Vidyanagar Main Road,
Rajkot – 360 002.
(Gujarat

Ph. (0281 6545744)

Dear Sir,

Sub:- Stoppage of pension that Maharashtra Government sanctioned to the members of Legislative Assembly of Bombay (1952-57 & 1957-62 from Gujarat state).

My name is Tapubhai P. Vaghela, Ex-MLA, Maharashtra (Bombay State & Gujarat State, elected from Kunkavav (Gondal region under Bombay state constituency of Bombay Legislative Assembly for the period 1957-1962.)

In the year 1960, the State of Bombay was bifurcated into two new States of Maharashtra and Gujarat by the Bombay Reorganisation Act, 1960. The present State of Maharashtra came into being on 1 May 1960. I was one among 132 members who came under the purview of Gujarat Legislative Assembly from Bombay Legislative Assembly, elected from Gujarat.

The Maharashtra Government has sanctioned pension under Maharashtra Legislature Member’s Pension Act 1976. Under this act any member elected from Bombay Legislative Assembly during 1957 was eligible for pension. This also includes the members elected from the region, which later on came under the purview of Gujarat Legislative Assembly by the applicability of the Bombay Reorganisation Act 1960. There were 14 members of Gujarat constituency who were held eligible to receive pension by Maharashtra Vidhansabha. Hence, w.r.t. letter no 27701/PENCEL dtd. 17.09.1999 of Maharashtra Vidhansabha, I have received pension with all the arrears w.e.f. 01.04.1977 to 30.06.2002.

All of a sudden this pension was stopped w.e.f. 01.07.2002 by letter no 2792/H/PENCEL dtd. 14.02.2002 without prior intimation. It is quiet surprising that though the Maharashtra Legislature Member’s Pension Act 1976 was never amended, after paying the pension for 25 years, it was stopped at once by misconception of the act through the letter by Maharashtra Vidhansabha as mentioned above.

By this atrocious act by Maharashtra Vidhansabha, I am hung by very tough condition financially, mentally & physically, with no source of income to meet up my and my wife’s requirements at the age of 85 years.

As I am not under condition to fight against the Government through judicial court, I humbly request you to look into this matter at your earliest for suitable justice to me.

Thanking you,
Faithfully,
TAPUBHAI VAGHELA

Ex-MLA, Maharashtra (Bombay State & Gujarat State.)
ANANDARAJ (Expert) 22 April 2009
sir,
seeing your problem it is proper to institue a writ of mandamus before high court under Art.226 seeking the defaulters to consider your representation and to pass orders with in stipulated time..
Guest (Expert) 23 April 2009
Kindly take this case by some one practicing in Bombay High Court on free of cost as this gentle man was a people's representative when he was young and now being old, he is entitled to all our affection and attention, as our constitution vouched for safeguarding the senior citizens.


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