Pyare Lal And Another vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 3437 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 1802 of 2020 Decided on : August 3, 2021

----------------------------------------------------------------------------- Pyare Lal and another .........Petitioners

.

Versus

State of Himachal Pradesh and others ....Respondents

----------------------------------------------------------------------------- Coram

Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?1 Yes.

----------------------------------------------------------------------------- For the petitioners Mr. P.D. Nanda, Advocate.

For the respondents: Mr. Sudhir Bhatnagar and Mr. Desh Raj Thakur, Additional Advocates General with Mr. Narinder Thakur, Deputy Advocate General.

THROUGH VIDEO-CONFERENCING

-----------------------------------------------------------------------------

Sandeep Sharma, Judge

By way of instant petition filed under Art. 227 of

the Constitution of India, petitioner has prayed for following

reliefs:

"I) The respondents may be directed to open seal cover adopted by the DPC for their promotion to

the post of Range Forest Officer and to promote them to the said post from the date of their immediate junior(s) have been promoted from

25.2.2012 with pay fixation and monetary benefits of arrears.

ii) The respondents may be directed to consider the cases of the petitioners for grant of ACPS on completion of 4,9 & 14 years of service in a cadre and restoration of old (8-16-24-32) ACPS in term

Whether the reporters of the local papers may be allowed to see the judgment?

of orders of H.P. Govt. and to pay them the monetary benefits of arrears.

iii) To direct the respondents to pay the differential amount of gratuity, leave encashment and arrears of pension as a result of pay fixation after

.

granting them the promotion and ACPS from due

date."

2. Pursuant to order dated 30.6.2021, Shri R.P. Singh,

learned Deputy Advocate General has placed on record,

communication dated 2.8.2021 addressed to learned Advocate

General by Chief Conservator of Forest, Shimla perusal

whereof reveals that the Law Department, after having

examined judgment of acquittal dated 30.9.2019 passed by a

Coordinate Bench of this Court in Cr. Revision No. 15 of 2016,

has opined not to file further appeal in the superior court of

law. Aforesaid communication is taken on record.

Communication supra further reveals that in light of order

dated 30.6.2021, respondents have initiated the process to

open the sealed cover of petitioners for promotion to the post of

Range Forest Officer from 25.2.2012 i.e. the date form which

juniors of the petitioners were promoted vide Notification No.

FFE-A(b(6-3/2011-II dated 25.2.2012. It has been further

stated that respondent No.2 vide communication No. Ft.45-

185/78(E-II) dated 27.7.2021 has sent the case of the

petitioner Pyare Lal to the Government of Himachal Pradesh

i.e. respondent No.1 with a request to grant promotion with

effect from 25.2.2012. Communication dated 28.7.2021 is also

annexed with the letter taken note herein above.

3. Learned Deputy Advocate General states that since steps

have already been taken by respondents to grant promotion to

.

petitioners to the rank of Range Forest Officer, from the date

when his juniors were promoted, nothing remains to be

adjudicated in the present proceedings.

4. Learned Counsel appearing for the petitioners states that

the respondents may also be directed to consider case of

petitioners for grant of ACPS from due date.

5. Consequently, in view of above present petition is

disposed of with a direction to the respondents to promote the

petitioners to the rank of Range Forest Officer, expeditiously,

preferably within a period of four weeks alongwith all

consequential benefits, including ACPS and arrears.

Pending applications, if any, are disposed of. Interim

directions, if any, are vacated.

(Sandeep Sharma) Judge August 3, 2021 (Vikrant)