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Retd IGP entitled to DGP pension benefits after upgrading of post: HC

Chandigarh: Deciding a 25-year-old case, the Punjab and Haryana high court has ruled that if an officer retired as an inspector general of police (IGP) while heading the state police, he would be entitled to the pension and benefits of a director general of police (DGP) following the upgrade of the post to DGP rank.

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25-YR-OLD CASE

➤ A division bench passed these orders while hearing an appeal filed by the legal heirs of late B S Danewalia, who headed the Punjab police as IGP and who died in 2003

➤ HC ordered re-fixation of the pensionary benefits from Jan 1, 1986

The HC passed these orders while directing the Punjab govt to grant pensionary benefits to the late BS Danewalia, who headed the Punjab police as IGP until 1980.

The court directed that the legal heir of Danewalia would be entitled to the pensionary benefits from 1986, when the post of IGP was upgraded to DGP to head the state police.

Danewalia, a 1950-batch IPS officer, took premature retirement after serving as the head of Punjab police until 1980 in the rank of IGP.

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However, after his retirement, the post was upgraded to the rank of DGP. If he had not taken premature retirement, he would have become the first DGP of Punjab.

“If a position is upgraded after someone has retired, the benefits of the upgraded position cannot be denied to those who held the position before the upgrade…,” the HC held. A division bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma passed these orders while hearing an appeal filed by the legal heirs of Danewalia, who died in 2003.

The appellants approached the HC after a single bench of the HC, in its order dated April 25, 2017, rejected the claim of the appellant for re-fixation of his pay and pension to the post of DGP Punjab, which was created in place of the IGP, Punjab, by the govt of India.

Danewalia served as IGP from July 20, 1977, onwards, heading the state police force. When he chose to take premature retirement, his pay scale was Rs 500-2,750, with special pay of Rs 250 per month, and dearness allowance of Rs 350, thus making the total emoluments Rs 3,225 per month.

Until the retirement of the petitioner, other forces like CBI and BSF were headed by a DGP.

After the retirement of the appellant, the central govt, via notification dated July 16, 1982, upgraded the post of IGP to DGP. One Birbal Nath of the 1951 batch IPS, who was junior to the petitioner, was designated as DGP.

It was submitted to the HC that the pension of the appellant was wrongly fixed by the state authorities, and he should have been paid the pension as a retired DGP.

Opposing the plea, the Punjab govt submitted that the appellant was not in service when Birbal Nath was posted as DGP.

After hearing all the parties, the HC ordered re- fixation of the pensionary benefits vis-a-vis the present appellant from Jan 1, 1986, along with interest of 6% per annum.

For case specific advice, get in touch with best Service Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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