HC orders re-fixation of pension for ex-cop after 20-year legal battle

The Punjab and Haryana High Court ruled in favour of BS Danewalia, a former senior officer of the Punjab Police, ordering the re-fixation of his pension after more than two decades of legal proceedings. The Division Bench, consisting of Justice Sureshwar Thakur and Justice Sudeepti Sharma, directed the Punjab Government to revise Danewalia’s pension based on the pay scale of the upgraded Director-General of Police (DGP) post.

This landmark decision resolved a long-standing dispute dating back to the late 1970s. The court’s order mandates retroactive pension adjustments from January 1, 1986, along with interest at 6 percent per annum. Danewalia was represented by senior advocate Rajiv Atma Ram, with counsel Sandeep Kumar.

The case stemmed from events in 1980 when Danewalia, then an Inspector-General of Police (IGP) in Punjab, was transferred to a non-cadre post following the dismissal of the Akali government. He chose to take premature retirement in June 1980, just before the introduction of the Director-General of Police post in 1982, which was considered an upgrade from the IGP position. Danewalia argued that had he not retired early, he would have been the first officer appointed to the new DGP role.

Following his retirement, the Punjab Government revised the DGP’s pay scale to Rs 7600-8000 from January 1, 1986, while the IGP’s pay scale remained lower at Rs 5900-6700. However, Danewalia’s pension was initially fixed in 1988 based on the IGP’s pay scale, overlooking his eligibility for the DGP’s higher pay scale. Despite submitting multiple representations to revise his pension, all of Danewalia’s requests were denied. In 1999, he filed a writ petition before the Punjab and Haryana High Court, challenging the pension fixation.