Chandigarh, December 12:
After more than 20 years of legal proceedings, the Punjab and Haryana High Court has ruled in favor of BS Danewalia, a retired senior Punjab Police officer, directing the state government to revise his pension in alignment with the pay scale of the Director-General of Police (DGP).
The Division Bench, comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma, overturned a prior Single Bench decision and ordered retroactive pension adjustments from 1986, with an annual interest rate of 6%. This ruling resolves a dispute dating back to the late 1970s.
Background of the Case
Danewalia, represented by senior advocate Rajiv Atma Ram and counsel Sandeep Kumar, served as Inspector-General of Police (IGP) in Punjab, the highest position in the state police force at the time, earning a pay scale of ₹2,500–2,750 and a special allowance of ₹250. Following the dismissal of Punjab’s Akali government in February 1980, he was transferred to a non-cadre role, prompting him to take premature retirement on June 5, 1980, ahead of significant changes in the police hierarchy.
Two years after his retirement, the state government introduced the post of Director-General of Police (DGP) as an upgraded position. Danewalia claimed that he would have been the first officer to hold this post had he served until his regular retirement in 1983 at the age of 58. Instead, a junior officer, Birbal Nath, was appointed as the inaugural DGP.
The Pension Dispute
The pay scale for the DGP position was set at ₹7,600–8,000 from January 1, 1986, while the IGP scale was revised to ₹5,900–6,700. Danewalia’s pension, however, was calculated based on the IGP pay scale, denying him the financial benefits associated with the DGP post. His numerous representations to the government for pension revision were consistently rejected, compelling him to take legal action in 1999.
Legal Proceedings and Judgment
Danewalia initially filed a writ petition before the High Court, challenging the pension calculation. In 2017, the Single Judge dismissed his claim, leading him to file a Letters Patent Appeal. The Division Bench ultimately ruled in his favor, acknowledging that his premature retirement should not deprive him of the benefits of a position he was likely to attain had he completed his service.
The court emphasized that appointing a junior officer as DGP post-Danewalia’s retirement bolstered his claim. It ordered the state to revise his pension retrospectively from 1986, providing him the financial entitlements tied to the DGP role, along with 6% annual interest.
Timeline of Events
- July 20, 1977: Danewalia assumes the role of Inspector-General of Police.
- February 20, 1980: The Akali government is dismissed, and Danewalia faces transfer to a non-cadre role.
- June 5, 1980: He retires prematurely in protest against the transfer.
- July 16, 1982: The DGP position is introduced in Punjab.
- 1999: Danewalia files a writ petition challenging the pension calculation.
- April 25, 2017: A Single Judge Bench dismisses his petition.
- December 12, 2024: The Division Bench orders the revision of his pension.
This ruling marks the end of a prolonged legal battle, ensuring Danewalia receives the pensionary benefits he was denied for decades.
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