Gaukaran Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6257 of 2017 Gaukaran Singh Thakur S/o Late Shri Sher Singh Thakur, Aged About 55 Years Posted As Deputy Forest Ranger, Kawardha Forest Division, Kawardha, District Kabirdham, R/o Mahaveer Chowk, Kawadha, Behind Jain Building District Kabirdham Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through The Secretary Forest Department Mahanadi Bhawan, Mantralaya New Raipur P. S. Rakhi, District Raipur Chhattisgarh

2. The Principal Chief Conservator Of Forest, Chhattisgarh Raipur Chhattisgarh

3. The Chief Conservator Of Forest, Forest Circle Durg Chhattisgarh

4. The Divisional Forest Officer, Kawardha District Kabirdham Chhattisgarh ----Respondents For Petitioner :

Mr. Goutam Khetrapal, Advocate For State :

Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 01/08/2018

1. Challenge in the present writ petition is to the action on the part of the respondents in issuing an order of compulsory retirement against the petitioner vide order dated 11.09.2017.

2. At the outset, this Court is of the opinion that since subsequent to 11.09.2017 the respondents by way of a policy decision have constituted a committee of high level officers of the State Government who would be scrutinising the case of the persons who are aggrieved by the decision of issuance of compulsory retirement against them, the petitioner can also be permitted to move an appropriate application before the said committee of the State Government so far as issuance of compulsory retirement against the petitioner is concerned.

3. This Court in the past have disposed of a couple of writ petitions in the light of the High Power Committee which has been constituted by the State Government in this regard.

4. Given the said policy decision of the State Government, let the petitioner also make a suitable representation before the High Power Committee and the said Committee in turn shall consider the entire factual matrix of the case and the guidelines framed by the Government for the purpose of grant of compulsory retirement on the basis of which the petitioner has been given the order of compulsory retirement. On such application being made, it is expected that the High Power Committee shall take a decision at the earliest within an outer limit of 60 days.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Ved