- (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; 526. (a) When a person formerly in military service obtains employment in the civil department after having been granted a military pension he shall continue to draw his military pension, but the authority competent to fix the pay and allowance of the post in which he is re-employed shall have in fixing his pay and allowances in the post in which he is re-employed, the power to take into account the amount of pension, including such portion if it as may have been commuted. (b) A military officer, departmental officer, warrant or non-commissioned officer or soldier who is granted a pension under military Rules while he is in civil employ, shall draw such pension while he is in civil employ but the authority competent to fix the pay and allowances of the post in civil employ, may with effect from the date from which the pension is granted, reduce such pay and allowances with reference to such officer or soldier by any amount not exceeding the amount of such pension. Note.- In the case of persons retiring before attaining the age of 55, the military pension as shown below may be ignored in fixing the pay on reemployment: (i) In case the military pension does not exceed Rs. 50 per mensem, the actual Pension; (ii) In other cases, the first Rs. 50 of the military pension. Pension for this purpose includes cension equivalent of gratuity and others forms of retirement benefits.;