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2016 DIGILAW 1511 (JHR)

Awadh Bihari Singh, son of Late Baidya Singh v. State of Jharkhand

2016-11-08

SHREE CHANDRASHEKHAR

body2016
ORDER : Grievance of the petitioner is that in spite of 38 years of continuous service as Forest Guard, he has not been granted benefits under Assured Career Progression scheme. 2. Heard. 3. Mr. Vijay Shankar Prasad, the learned counsel for the petitioner submits that in an identical case in “Krishan Chand Verma vs. Union of India and others” [CWP No. 5683 of 2010], the Hon'ble High Court of Himachal Pradesh, Shimla allowed the claim of an appointee, who also did not possess the essential qualification. 4. Mr. Vishal Kumar Singh, the learned counsel for the State referring to various paragraphs in the counter-affidavit filed on behalf of the respondent State, submits that the petitioner did not fulfill the essential qualifications as laid down under para-VII of the ACP scheme which was notified vide letter dated 14.08.2002. It is submitted that passing of examination in Hindi Noting and Drafting is an essential condition for grant of ACP benefits. 5. The petitioner, who was appointed on 11.02.1970 on the post of Forest Guard, superannuated from the same post on 31.07.2008. The materials brought on record disclose that after he superannuated from service, the petitioner filed representation for grant of ACP benefits. In the counter-affidavit, the respondents have taken a plea that the petitioner is not a trained Forest Guard and, in fact, he has refused training. It has also been pleaded that the petitioner did not qualify the Hindi Noting and Drafting examination. The petitioner has not raised a grievance in respect of post-retiral benefits which, the respondents have pleaded, were paid to him. In paragraph no. 6 of the counter-affidavit, the respondents have taken the following stand : “6. That the statement made in para-1 of the writ application is the prayer of the petitioner as also the contention or statement made in para 6 & para 4 (e), (f) & (g) of the writ application is disputed and denied, as it is stated and submitted that it is not tenable in the eyes of law. Sri Awadh Bihari Singh joined as Forest Guard on 11.02.1970 and retired on 31.07.2007 after completing 38 years of service. The circular issued by Finance Department, Govt. of Jharkhand vide letter no. 5207 dated 14.08.2002, criteria is fixed in para-VIIth which is given in ACP to State Govt. Employees. Sri Awadh Bihari Singh joined as Forest Guard on 11.02.1970 and retired on 31.07.2007 after completing 38 years of service. The circular issued by Finance Department, Govt. of Jharkhand vide letter no. 5207 dated 14.08.2002, criteria is fixed in para-VIIth which is given in ACP to State Govt. Employees. In case of Forest Guard, Hindi reading and writing and forest guard training is necessary for giving ACP as per RCCF, Palamau, Medinagar letter no. 373 dated 23.03.2001. Sri Awadh Bihari had not got Forest Guard training. Sri Singh had refused training. Because Sri Singh was not trained as Forest Guard so he was not eligible for grant of ACP. The petitioner has been paid all his post-retiral benefits which includes Gratuity 150297.00, Group Bima 55516.00, GPF 101783.00, Earned Leave 102225.00 and his monthly pension as Rs. 4556.00/- as per Rules.” 6. Obviously, the issue raised in “Krishan Chand Verma” case was entirely different from the plea taken by the respondents in the present proceeding. In view of the statutory requirements for grant of ACP benefits, the petitioner cannot be extended the benefits, as claimed by him. 7. In the light of aforesaid facts, the writ petition, being devoid of merits, is dismissed.