‘Due and admissible’: Himachal HC orders Assembly to pay pension, arrears to ex-Congress MLAs Rajinder Rana, Ravi Thakur

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The High Court’s ruling effectively ensures that their pensionary benefits cannot be withheld under laws that do not apply retrospectively,In a setback to the Congress-led Himachal Pradesh government, the High Court has directed the Vidhan Sabha to release pension and all pending arrears to two former disqualified Congress MLAs — Rajinder Rana and Ravi Thakur — who later joined the BJP in 2024.Rajinder Rana, elected from Sujanpur, and Ravi Thakur from Lahaul and Spiti were disqualified for violating the party whip, which was introduced in the House after the cross-voting in Rajya Sabha elections wherein Congress candidate Abhishek Manu Singhvi lost to BJP’s Harsh Mahajan despite the Congress having a majority in the House in February, 2024.The case assumes political significance as both Rana and Thakur were among Congress legislators disqualified under anti-defection provisions before joining the BJP, triggering a political crisis in the state.The High Court’s ruling effectively ensures that their pensionary benefits cannot be withheld under laws that do not apply retrospectively, reinforcing the principle that legislative changes affecting entitlements must operate within defined temporal limits.A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma on April 7 disposed of the petitions of Rana and Thakur with directions to the Secretary of the Himachal Pradesh Vidhan Sabha to release the “due and admissible pension” along with arrears within one month.The court further ordered that the Vidhan Sabha Secretary would be liable to pay interest at the rate of 6 per cent per annum from the date of accrual till final payment in case of non-compliance within the stipulated period. It also directed that future pension payments be released in a timely manner.During the course of the hearing, counsel for the Vidhan Sabha placed on record instructions dated April 7 received from the Secretary of the Assembly, clarifying the legal position surrounding pension entitlement of disqualified legislators.Story continues below this adThe communication stated that the earlier legislation — the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024 — which sought to disentitle disqualified MLAs from receiving pension under the Tenth Schedule provisions, has since been withdrawn by the state government.Subsequently, a fresh amendment bill — the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2026 — has been passed by the state legislature. The new law provides that MLAs elected to the 14th Legislative Assembly and thereafter would not be entitled to a pension if they are disqualified under the Tenth Schedule of the Constitution. However, the Assembly clarified that the new law is prospective in nature and does not apply retrospectively.The communication further pointed out that both petitioners — Rana and Thakur — were elected during the 12th and 13th Legislative Assemblies, and therefore fall outside the ambit of the newly enacted provisions.“As per the provisions of the newly passed Bill, both petitioners would continue to remain entitled to pension for previous terms,” the Assembly Secretary informed the court. It was also brought to the court’s notice that the 2026 amendment bill is currently awaiting the Governor’s assent.Story continues below this adRana and Thakur were among the six Congress MLAs who jumped to the BJP after being disqualified.The other four included Sudhir Sharma from Dharamshala, Inderdutt Lakhanpal of Barsar, Chaitanya Sharma from Gagret, and Davinder Bhutto from Kutlehar. Sudhir Sharma and Inderdutt Lakhanpal won the byelection in June 2024, but the other four, including Rana and Thakur, lost. All six contested the byelection on BJP tickets. Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... 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