( 2026:HHC:10691 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12522 of 2025 a/w CWP No. 2106 of 2026 Date of Decision: 07.04.2026 1. CWP No. 12522 of 2025 Rajinder Rana ....Petitioner Versus State of H.P. & Ors. ....Respondents 2. CWP No. 2106 of 2026 Ravi Thakur ....Petitioner Versus State of H.P. & Ors. ....Respondents Coram Hon’ble Mr Justice Vivek Singh Thakur, Judge. Hon’ble Mr Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the Petitioner : M/s. Vikrant Thakur & Shubham Singh Guleria, Advocates, for the petitioner, in CWP No. 12522 of 2025. Mr. Ajay Vaidya, Advocate, for the petitioner, in CWP No. 2106 of 2026. For the Respondents : Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for respondents No. 1 and 3-State, in both the petitions. Mr. K.S. Banyal, Senior Advocate, with Mr. Uday Singh Banyal, Advocate, for respondent No.2 – H.P. Vidhan Sabha, in both the petitions. ____________ ( 2026:HHC:10691 ) Vivek Singh Thakur,Judge (oral) Learned counsel for respondent No. 2 – H.P. Vidhan Sabha has placed on record instructions dated 07.04.2026 received from the Secretary, H.P. Vidhan Sabha, which read as under:– “Subject: Regarding CWP No. 12522 of 2025 titled as Rajinder Rana Vs State of H.P. & Ors. and CWP No. 2106 of 2026 titled as Ravi Thakur Vs State of H.P. & Ors., filed by ex-MLAs for release of pension. Sir, Kindly refer to the Civil Writ Petitions pending before the Hon'ble High Court of H.P., wherein the validity of the earlier Bill passed by the State Legislature concerning disentitlement for pension of disqualified Members of Legislative Assembly (under 10th schedule) has been challenged. In this regard, you are informed that the earlier Bill namely Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, has since been withdrawn by the State Government. That subsequently, a new Bill has been passed by the State Legislature, which provides that "...a person who is elected to be a Member in the 14th Legislative Assembly or thereafter shall not be entitled for pension under the Act, if he has been disqualified under the 10th Schedule of the Constitution." That the scope and applicability of the new Bill are prospective in nature and limited only to MLAs elected from the 14th Legislative Assembly onwards. That the petitioners in the present writ petitions were elected as MLAs in the 12th and 13th Legislative Assembly(s), and therefore, they do not fall within the ambit of the newly passed Bill. Consequently, as per the provisions of the newly passed Bill, both petitioners would continue to remain entitled to pension for previous terms. It may also be brought to the notice of the Hon'ble Court that the said new Bill is presently pending assent of the Hon'ble Governor. You are requested to take appropriate steps in accordance with law. A copy of the new Bill No. 8 of 2026 namely Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, ____________ ( 2026:HHC:10691 ) 2026 is enclosed herewith for your kind perusal and necessary action please.” 2. In light of the aforesaid instructions, learned counsel for the petitioner has submitted that these petitions be disposed of by directing respondent No.2–Secretary, H.P. Vidhan Sabha to release the admissible pension and arrears thereof to the petitioner from the due date along with reasonable interest thereon. 3. In view of the above and the submissions made by learned counsel for the petitioner, these petitions are disposed of with a direction to respondent No. 2-Secretary, H.P. Vidhan Sabha to release the arrears of due and admissible pension to the petitioner within one month from today. In case the arrears are not released within the stipulated period, respondent No. 2 – Secretary, H.P. Vidhan Sabha shall also be liable to pay interest thereon @ 6% per annum from the date of accruel full final payment. Needless to say, the due and admissible pension for the future shall be released well in time. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Vivek Singh Thakur) (Judge) (Ranjan Sharma) (Judge) 07th April, 2026 (Shamsh Tabrez) ____________