R. K. Sood v. State Of Chhattisgarh And ANR

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2013 of 2015 R. K. Sood S/o Late Shri Madan Lal Sood Aged About 67 Years Retd. A.C.F., R/o H/I, Anupam Nagar, P.S. Pandri, Raipur, District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary, Department Of Forests, Ministry Of Forests And Environment, Indrawati Bhavan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Principal Chief Conservator Of Forests, Chhattisgarh, Department Of Forests, Aranya Bhavan, Jail Road, Raipur, District Raipur Chhattisgarh ---Respondents For Petitioner :

Mr. Kashif Shakeel, Advocate For State :

Mr. R.N. Pusty, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 30/11/2018

1. The grievance of the petitioner is the non-consideration of his claim for grant of senior scale and selection grade from the proper date and refixing the pay and pension accordingly.

2. The counsel for the petitioner submits that the claim of the petitioner was not considered on account of a pending departmental enquiry and the claim of the petitioner was placed before the sealed cover by the D.P.C. which was constituted for grant of selection grade.

3. It is submitted by the petitioner that the said disciplinary proceedings initiated against the petitioner finally resulted in his exoneration, but the sealed cover has till date not been opened and unless the sealed cover is opened and the recommendation made by the D.P.C. is not acted upon, the petitioner would find it difficult in getting the other benefits that

-2he is entitled for. He further submits that the petitioner had retired from service on 30.06.2008.

4. Given the nature of dispute, let the case of the petitioner be placed before the respondent No.2, who in turn shall consider opening of the sealed cover in respect of the D.P.C. that was held for grant of senior scale as well as selection grade, while the petitioner was working as an Assistant Conservator of Forest.

5. Subsequent to the opening of the sealed cover, it is expected that the authorities would act upon the recommendation so made by the D.P.C. Thereafter the matter of the petitioner shall again be placed before the Committee for grant of senior scale as well as selection grade in the light of the observations made by this Court in a bunch of writ petitions, which were disposed of on 09.05.2016, the leading of which is WPS No. 2908/2014 and other analogous petitions.

6. Given the aforesaid facts and circumstances of the case, the present writ petition accordingly stands disposed off.

7. It is expected that the respondents shall take a decision in the case of the petitioner within a period of 3 months from the date of receipt of the certified copy of this order.

Sd/- (P. Sam Koshy) Judge Ved