Himachal Pradesh High Court
Pyare Lal And Another vs State Of Himachal Pradesh And Others on 3 August, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
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
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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 1 Whether the reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 31/01/2022 22:48:14 :::CIS 2
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 ::: Downloaded on - 31/01/2022 22:48:14 :::CIS 3 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) ::: Downloaded on - 31/01/2022 22:48:14 :::CIS