HANS NATH DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.S. Pandey for the Petitioner and learned Standing Counsel for the Respondent and perused the record. With the agreement and consent of learned Counsel for the parties the writ petition is being finally heard and decided under the Rules of the Court at this stage.

(2.) The facts in brief giving rise to the present writ petition are that the Petitioner was enrolled as Soldier in Indian Army on 23rd January, 1976 and was discharged from 1.12.1992. Thereafter he was appointed as Constable in U.P. Police Force on 1st August, 1994. He requested the Department for pay fixation after taking into account the service rendered by him in Army and when his matter remained unheard, he filed writ petition No. 66579 of 2006 which was disposed of by this Court on 7.12.2006 directing the Petitioner to make representation to the Respondent No. 2 i.e. Deputy Inspector General of Police (Establishment) Police Head Quarter, Allahabad who was required to decide the said representation by reasoned order. It is pursuant to this judgment, the impugned order has been passed by the Respondent No. 2 rejecting the Petitioner's claim by referring to the Government Order dated 5th June, 1999 as also Regulation 526 of Civil Service Regulations (hereinafter referred to as "the Regulations") observing that the Petitioner was entitled for such benefit only if he deposit his entire amount of pension in the Government Treasury.

(3.) Sri Pandey submits that Respondent No. 2 has clearly misread the relevant provisions. The matter therefore, apparently involves the application of Regulation 526 of the Regulations. Regulation 526 reads as under;