Himachal Pradesh High Court Upholds Re-employment Rights for Police Pensioners
Prem Lal's Voluntary Retirement Pension Qualifies Him for Re-employment Under Punjab Police Rules
In a significant judgment dated September 10, 2025, the Himachal Pradesh High Court has ruled in favor of Prem Lal, a retired Assistant Sub-Inspector (ASI), who sought re-employment in the police department under Rule 12.25 of the Punjab Police Rules, 1934. The court, presided over by Justice Sandeep Sharma, quashed the earlier rejection of Prem Lal's application for re-employment, emphasizing the interpretation of Rule 12.25 and the conditions it entails.
Prem Lal, who retired voluntarily in 2012 and has been receiving a regular pension, had applied for re-employment in 2014. His application was initially rejected on the grounds that Rule 12.25, applicable to Himachal Pradesh, requires discharge with compensation, invalid gratuity, or pension, and not voluntary retirement. However, the High Court clarified that the receipt of pension satisfies one of the conditions for re-employment under Rule 12.25.
The court highlighted that Rule 12.25 allows for re-enrolment of police pensioners discharged with compensation, invalid gratuity, or pension, indicating that fulfilling any one of these conditions is sufficient for re-employment. Justice Sharma noted that the word "or" in the rule signifies that these conditions are independent and not cumulative.
Furthermore, the court addressed the issue of age limitation, stating that Prem Lal's age at the time of his application in 2014 should be considered, and not his current age. The age barrier of 55 years, therefore, does not apply, as his application was made prior to reaching this age limit.
The judgment directs the State of Himachal Pradesh to reconsider Prem Lal's case for re-employment, taking into account the provisions of Rule 12.25 and the observations made by the court. The court has ordered the respondents to make a decision within two weeks, ensuring that the age factor does not hinder the re-employment process.
This ruling reinforces the rights of retired police officers who receive pensions to seek re-employment, provided they meet the necessary conditions outlined in Rule 12.25, including medical fitness certification.
Bottom Line:
Re-employment under Rule 12.25 of Punjab Police Rules - A police officer who has taken voluntary retirement and is in receipt of regular pension is entitled to seek re-employment under Rule 12.25, subject to fulfillment of prescribed conditions.
Statutory provision(s): Punjab Police Rules, 1934 Rule 12.25
Prem Lal v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2783398
