Shimla, Sept 21
Himachal Pradesh High court today passed a verdict in the favour of a agrieved deceased ASI petitioner stating that the Secretary personel and Director General of Himachal Pradesh Police couldn’t feign ignorance of law granting monetary and revised pension benefits to the petitioner. Division bench of justice Tarlok Singh Chauhan and Justice Verinder Singh passed a seven page order on this petition challenging the notional promotion of a ASI on the recommendations of the departmental promotion committee.
The court said that promotion order of original petitioner was kept in a sealed cover in view of the pendency of the criminal case . Ultimately, she was acquitted and exonerated of all the charges in the criminal case. She retired from service on 31.3.2016 and was granted benefits and pension, however the actual monetary benefits, which she was to get on account of being promoted as ASI w.e.f. 17.7.2009, were not paid to her.
The original petitioner died during the pendency of the instant petition and it is thereafter that her legal heirs . ” Now , the moot question, in the given background, is whether the principle of ” no work no pay ” can deny the actual monetary benefits to the original petitioner, as sought for in the instant petition. We are by not considering the case of the original law have dragged her and to unnecessary and otherwise petitioner in accordance with thereafter its legal avoidable litigation. The Secretary in this case happen to be the Secretary ( Personnel ) and Director General of Police, who cannot feign ignorance and are expected or deemed to be having adequate knowledge of law and, therefore, it does not be at all at all upon the have dragged initially the original petitioner and thereafter the present petitioners to this litigation. We say no further, but, while allowing the instant petition, would direct that to release the actual monetary benefits, due and admissible to the original petitioner as ASI , w.e.f. 17.7.2009 to 28.7.2015 as against notional benefits, in favor of the present petitioners within a period of 30 days, failing which the and shall be liable to pay interest at the rate of 9 prr cent per annum till the payment is made. The petition is disposed , in the aforesaid terms. The matter now fixed up for the compliance, list on October 27, 2022.