Ravindra Prasad vs The State Of Jharkhand
2021 Latest Caselaw 1307 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (S) No. 4279 of 2018

          Ravindra Prasad.                                       ...     ...      ...     ...Petitioner
                                 -Versus-
          1. The State of Jharkhand.
          2. The Secretary, Department of Forest, Environment and Climate Change,
             Jharkhand, Ranchi, Nepal House, Doranda, P.O. & P.S. Doranda, Dist.
             Ranchi.
          3. The Principal Chief Conservator of Forest, Jharkhand, Ranchi, Van
             Bhawan, Doranda, P.O. & P.S. Doranda, District-Ranchi.
          4. The Divisional Forest Officer, Jamtara Forest Division, Jamtara, P.O. &
             P.S. Jamtara, District-Jamtara.
          5. The Accountant General ( A & E), Jharkhand, Ranchi, P.O. Doranda,
             P.S. Doranda, District-Ranchi.                    ...      ...     ...      ...Respondents
                                  -----------

CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. Deepak Kumar Prasad, Advocate. For the State : Mrs. Darshana Poddar, A.A.G.-I. For the Accountant General : Mr. Sudarshan Srivastav, Advocate.

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I.A.No. 109 of 2019

03/ 16.03.2021 The present Interlocutory Application has been preferred for stay of

execution/operation of Memo No. 1783 dated 10.12.2018 during the pendency of the

writ petition.

It has been submitted by the learned Counsel for the petitioner Mr.

Deepak Kumar Prasad that order of recovery has been passed after retirement of the

petitioner who retired on 30.09.2015.

Learned Counsel further submits that in view of the celebrated judgment

of the Hon'ble Apex Court in case of "State of Punjab vs. Rafiq Masih (whitewasher)

& Ors", reported in (2015) 4 SCC 334 recovery from 4th grade employee after

retirement is not permissible and in view thereof execution, implementation and

operation of order of recovery passed vide Memo No. 1783 dated 10.12.2018 may be

stayed.

On the other hand, Mrs. Darshna Poddar Mishra, learned Addl. Advocate

General-I submits that since similar matter is pending before Hon'ble Apex Court, any

order passed by this Court shall be subject to outcome of the decision of the Hon'ble

Apex Court.

In the aforesaid circumstances, operation, implementation and execution

of the order dated 10.12.2018 as contained in Memo No. 1783, which is Annexure-1 to

the Interlocutory Application is hereby stayed.

Accordingly, I.A.No. 109 of 2019 stands allowed.

W.P. (S) No. 4279 of 2018

Since the matter is pending before the Hon'ble Apex Court regarding

entitlement of the forest guards for A.C.P. benefits, let this case be posted after the

outcome of S.L.P. (C) Nos. 25721-25723/2019 (The State of Jharkhand & Ors. vrs. Md.

Mukhtar Ahmad ).

[Dr. S.N.Pathak, J.]

P.K.S.