Justice after decades: Punjab HC rules in favour of ex-police officer in pension dispute

The Punjab and Haryana High Court has ordered the re-fixation of pension for BS Danewalia, a former senior officer of the Punjab Police, after more than two decades of legal battle.

Acting on his appeal against a Single Bench order, a Division Bench directed the Punjab government to revise his pension based on the pay scale of the upgraded Director-General of Police post.

The direction by the Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma in the matter dating back to the late 1970s is significant as the controversy now stands settled with the court ordering retroactive pension adjustments starting from 1986, along with interest.

He was represented by senior advocate Rajiv Atma Ram with counsel Sandeep Kumar.

The Bench, during the course of hearing, was told that Danewalia was appointed as the Inspector-General of Police in Punjab.

At that time, he was the head of the state police force, with a pay scale of Rs 2,500-2,750 and a special pay of Rs 250 per month.

On February 20, 1980, the Akali government in Punjab was dismissed, and the appellant was directed to be transferred from the post of Inspector-General to a non-cadre position.

Danewalia took premature retirement on June 5, 1980, just months before a major shift in the police hierarchy in Punjab.

In 1982, after Danewalia's retirement, the Punjab government introduced the post of Director-General of Police, which was an upgrade from the position of Inspector-General.

The new post was effective from July 16, 1982, and Birbal Nath, an officer junior to Danewalia, was appointed to the position.

Danewalia contended that had he not retired prematurely, he would have been the first officer to assume the position of Director-General of Police upon his normal retirement age of 58 in 1983.

This would have entitled him to the higher pay scale and benefits attached to the upgraded position.

The Bench was also told that the pay scale for the Director-General of Police was revised to Rs 7,600-8,000 from January 1, 1986, while the pay for the position of Inspector-General of Police was set at Rs 5,900-6,700.

Danewalia's pension was fixed in 1988 based on the pay scale of the Inspector-General post, ignoring his entitlement to the pay scale of the Director-General’s position.

Danewalia repeatedly submitted representations requesting the revision of his pension, arguing that he was unfairly denied the benefits of the upgraded post, but these representations were rejected.

The case entered the legal domain in 1999 with Danewalia filing a writ petition before the high court challenging the pension fixation. After years of legal proceedings, the case reached its first significant judgment in 2017, where the Single Judge Bench dismissed his plea.

The case was revisited in the form of a Letters Patent Appeal. The high court ruled Danewalia’s favour, holding that the denial of the Director-General pay scale for his pension was unjust. The Court emphasised that his early retirement should not negate his entitlement to the benefits of a post he would have naturally ascended to had he remained in service.

The court noted that a junior officer had been appointed to the Director-General position after Danewalia's retirement, further solidifying his claim. Before parting, the Bench asserted: “The petition stands allowed… the respondents are directed to re-fix the pensionary benefits vis-à-vis the present appellant with effect from January 1, 1986, along with interest at 6 per cent per annum.

Timeline

July 20, 1977: BS Danewalia appointed as Inspector-General of Police

February 20, 1980: The Akali Government in Punjab is dismissed, and Danewalia is sought to be transferred from the post of Inspector-General of Police to a non-cadre post.

June 5, 1980: In protest against the transfer, Danewalia proceeds on leave and subsequently takes premature retirement.

July 16, 1982: The Punjab government introduces the position of Director General of Police

1999: Danewalia files a writ petition before the Punjab and Haryana High Court challenging the pension fixation and seeking a revision based on the Director-General of Police pay scale.

April 25, 2017: A Single Judge dismisses Danewalia’s petition