Pensionary emoluments

2013 SCMR 1108 SUPREME-COURT Judicial Precedent

Pensionary emolumentsRisk allowance and fixed daily allowance, entitlement toPeriod of leave preparatory to retirement

Police official, after completion of 26 years of service applied for leave preparatory to retirement with effect from 1-1-2009 to 31-12-2009, which was duly allowed

Pensionary dues of police official were calculated by the police department out of which a deduction of Rs.81,900 was made on the basis that he was not entitled to risk allowance and fixed daily allowance on account of Punjab Government Notification No.8904/FI dated 26-5-2009

Police official filed constitutional petition before High Court contending that department had made the deduction illegally under the garb of the said notification

High Court allowed the constitutional petition and held that police official could not be deprived of risk allowance and fixed daily allowance under the garb of the notification in question

Plea of department that in view of notification in question benefit of risk allowance and fixed daily allowance could only be availed by officers on duty and any officer who was on leave for a period of more than 4 months could not avail the allowances

Validity

Admittedly police official was on leave from 1-1-2009 to 31-12-2009

Notification in question stated that an officer who was on leave for a period beyond 4 months, was not entitled to risk allowance and fixed daily allowance

Department had rightly made deductions from pensionary emoluments of police official

Impugned order of High Court was set aside and it was held by Supreme Court that police official was only entitled to 4 months risk allowance and fixed daily allowance, and if any deductions for the 4 months period had been made from his pensionary emoluments, the same might accordingly be adjusted

Appeal was allowed accordingly.

2013 PLC(CS) 1458 SUPREME-COURT Judicial Precedent

Pensionary emolumentsRisk allowance and fixed daily allowance, entitlement toPeriod of leave preparatory to retirement

Police official, after completion of 26 years of service applied for leave preparatory to retirement with effect from 1-1-2009 to 31-12-2009, which was duly allowed

Pensionary dues of police official were calculated by the police department out of which a deduction of Rs.81,900 was made on the basis that he was not entitled to risk allowance and fixed daily allowance on account of Punjab Government Notification No.8904/FI dated 26-5-2009

Police official filed constitutional petition before High Court contending that department had made the deduction illegally under the garb of the said notification

High Court allowed the constitutional petition and held that police official could not be deprived of risk allowance and fixed daily allowance under the garb of the notification in question

Plea of department that in view of notification in question benefit of risk allowance and fixed daily allowance could only be availed by officers on duty and any officer who was on leave for a period of more than 4 months could not avail the allowances

Validity

Admittedly police official was on leave from 1-1-2009 to 31-12-2009

Notification in question stated that an officer who was on leave for a period beyond 4 months, was not entitled to risk allowance and fixed daily allowance

Department had rightly made deductions from pensionary emoluments of police official

Impugned order of High Court was set aside and it was held by Supreme Court that police official was only entitled to 4 months risk allowance and fixed daily allowance, and if any deductions for the 4 months period had been made from his pensionary emoluments, the same might accordingly be adjusted

Appeal was allowed accordingly.