Pitamber vs Commissiner Of Police & Anr.

The applicant joined the Delhi Police as a Constable on 02.05.1986 and was subsequently promoted to the post of Sub-Inspector (SI). He superannuated from service on 30.04.2026.

It is the case of the applicant that his pay was reduced and re-fixed by the respondents with effect from 01.01.2017 from Rs.42,300/- to Rs.41,100/-, without issuance of any show-cause notice or affording him an opportunity of being heard. It is stated that the applicant continued to receive salary on the basis of such reduced and re-fixed pay till his retirement in April, 2026.

The applicant further submits that, vide PPO dated 02.07.2026, his pensionary and retirement benefits were fixed by treating his last pay drawn as Rs.53,600/- instead of Rs.55,200/-. According to the applicant, his pension-cum-retirement benefits have consequently been fixed and are being paid on the basis of the reduced last pay of Rs.53,600/-. It is also the case of the applicant that an amount of Rs.2,50,564/- has been recovered from his Death-cum-Retirement Gratuity (DCRG), without issuance of any show-cause notice or providing him an opportunity to represent against the proposed recovery.

The applicant submitted a representation dated 21.08.2026 to respondent No.2, raising the aforesaid grievances and seeking redressal thereof.

Learned counsel for the applicant submits that the aforesaid representation has not yet been considered and decided by the respondents. He submits that the applicant would be satisfied if a direction is issued to respondent No.2 to consider and decide the said representation by passing a reasoned and speaking order within a stipulated period.

Having regard to the nature of the grievance raised by the applicant, and without entering into the merits of the claims and counter-claims of the parties, we deem it appropriate to dispose of the present Original Application with a direction to respondent No.2 to consider and decide the representation dated 21.08.2026 submitted by the applicant, in accordance with law, rules and applicable instructions, by passing a reasoned and speaking order.

While considering the representation, respondent No.2 shall specifically examine the applicant's grievance regarding (i) reduction and re-fixation of his pay with effect from 01.01.2017, (ii) fixation of his last pay for the purpose of pensionary and retirement benefits, and (iii) recovery of Rs.2,50,564/- from his DCRG, including the applicant's contention regarding non-issuance of any show-cause notice or opportunity of hearing before effecting such reduction/recovery.

The aforesaid exercise shall be completed within a period of 45 days from the date of receipt of a copy of this order. The decision so taken shall be communicated to the applicant forthwith.

It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicant, and the respondents shall take a decision on the representation independently and in accordance with law.

In view of the above direction, the applicant submits that he would be satisfied if his representation is considered and decided by the competent authority within the aforesaid stipulated period.

The O.A. stands disposed of in the above terms. There shall be no order as to costs.