SOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was enlisted as Foot Constable in Ambala District on 3.12.1949 was sent on deputation to C.I.D. Railway Security Staff, Ambala in the capacity of Constable on 28.5.1963, where he continued to work till 27.7.1987. The petitioner while working on deputation which C.I.D. Railway Security Staff was promoted as Head Constable on 7.3.1974 against a vacancy. Further he was promoted to the rank of Assistant Sub-Inspector on 7.11,1979 against a vacancy and his promotion was on ad hoc basis. The petitioner was also promoted to the rank of Sub Inspector C.I.D. vide orders dated 3.12.1984, copy Annexure P-1, to the writ petition. This promotion was purely temporary & fortituous and in the promotion order it was stated that it would not confer on him any right to claim seniority & other benefits and he was liable to be reverted any time without any notice. The petitioner in his parent department was promoted as upgraded constable against a vacancy in his parent District on 25.5.1979.

(2.) The petitioner sought pre-mature voluntary retirement and his request in this behalf was accepted by the Deputy Inspector General of Policy. C.I.D. respondent No, 3 who repatriated him to his parent Department vide Wireless Message dated 27.7.1987, copy of which is annexure P-3 to the writ petition. Accordingly the petitioner was permited to retire from service w.e.f. 1.8.1987 by the Superintendent of Police, Ambala vide his order dated 1.8.1987, Copy Annexure P-5 to the writ petition. While calculating the pensionary benefits including D.C.R.G. the average emoluments drawn by the petitioner during the last 10 months in the rank of Head Constable were taken into consideration by the respondents, and accordingly the pension was sanctioned by the Accountant General Haryana respondent No. 2 on the basis of calculation furnished vide Annexure P-6.

(3.) The grievance of the petitioner is that he should have been granted pensionary benefits after taking into account the average emoluments of last 10 months of the post of Sub Inspector and not taking into account the pay which was drawn by him in the rank of Head Constable. Aggrieved by this action, the petitioner filed this writ petition seeking quashing of order, Annexure P-6 whereby he was granted pension and other benefits on the Notional pay of Head Constable. He has further sought for issuance of a direction to the respondents to fix his pension on the pay drawn by him as Sub Inspector and to release the payment of arrears of pension and other pensionary benefits from 1.8.1987, the date of retirement till realisation with interest.