JHINNI RAM Vs. SR SUPERINTENDENT OF POLICE AZAMGARH

JUDGEMENT

(1.) THE petitioner who was working as a Head Constable (Civil Police) was compulsorily retired by the order dated 30th January, 1999. This order was challenged by the petitioner by filing Writ Petition No. 18440 of 1999. THE Court did not find any illegality in the said order. However, as learned counsel for the petitioner submitted that he was not being paid due pension which was admissible to him, the Court, without going into the merits of the controversy observed that the petitioner may file representation before the Superintendent of Police Azamgarh who was required to decide the same by a speaking order preferably within a period of one month from the date of receipt of the representation. Learned counsel for the petitioner submitted that till date the Superintendent of Police, Azamgarh has not decided the representation and has only served a copy of the revised pension payment order dated 14th March, 2007. As noticed hereinabove, if the petitioner had a grievance that his representation had not been decided, then the proper course for him was to file a contempt petition but he cannot raise this grievance in this petition. As regards the revised pension payment order dated 14th March, 2007, it mentions that the pension of the petitioner had been revised on the basis of fixation of pay in the revised pay-scale. If the petitioner is aggrieved by the fixation pay, he may file a representation which will be examined and an appropriate order will be passed expeditiously. THE writ petition is, accordingly, dismissed subject to the observations made above.