Datta Ram vs State of H.P. and Others

Sanjay Karol, J.—Petitioner has prayed for the following reliefs:

a) Quash the letter dated 16-6-2001 Annexure AI

b) Direct the Respondents to permit the applicant to work till the age of 60 years and not retire him before that date.

c) Direct the Respondents to produce records of the case for the perusal of this Hon''ble Tribunal.

d) Direct the Respondents to pay the cost of the original application.

Annexure A-I reads as under:

No. FFE-A(B) 18-1/2001(91) Govt. of Himachal Pradesh Shimla-2.

From:

The F.C.-cum-Secretary (Forests) to the Govt. of Himachal Pradesh Shimla-2.

To

The Pr. Chief Conservator of Forests, Himachal Pradesh, Talland, Shimla-1.

Dated Shimla-2 the, 16-06-2001

Subject: Retirement of staff posted in Forest Department Printing Press Kalaghat at Solan.

Sir,

I am directed to refer to your letter No. 440-2/71(E-II) Vol. II dated 19-1-2001 and even No. dated 5-5-2001 on the above cited subject and to inform you that action for retirement of Class -III employees posted in Forest Departmental Printing Press Kalaghat at Solan may be intimated as per provisions contained in FR 56(a).

Yours faithfully, Sd/- Addl. Secretary (Forests) to the Govt. of Himachal Pradesh.

IMMEDIATE/OUT TODAY

Endst. No. Ft.441-2/71(E.II. Vol.II/... dated Shimla -1 the 23th June, 2001 Copy forwarded to:

Addl. Pr. CCF/HP (G) with reference to his memo No. Ft.1/2000(prot) dated 20.12.2000.

DFO Publicity Shimla.

for information and necessary action.

sd/- 22.6.2001 Pr. CCF/HP. Shimla

Endst. No. Estt/548 dated 23.6.2001 Copy forwarded to RO Press Solan, for information and necessary action.

sd/- 23.6.2001 Divisional Forest Officer Publicity Forest Division, Shimla-1.

There is no dispute that Petitioner was working as a Compositor with the Respondent-department at Kalaghat Forest Printing Press. As per the decision taken by the Govt. in terms of Annexure A-I, all Class-III employees posted in the Forest Departmental Printing Press Kalaghat at Solan were to retire at the age of 58 years in accordance with the provisions of FR 56(a). There is no dispute that in compliance of Annexure A-I Petitioner was made to retire on 30.6.2001. It is this action which has been impugned by the Petitioner, as according to him, being a skilled workman, he is to retire at the age of 60 years and not 58 years. It cannot be disputed that age of retirement of skilled workman, as provided for in FR 56(b), is 60 years. Question is as to whether Petitioner is a skilled workman or not. This fact is evidently clear from the letters (Annexure A-2) written by the DFO to Superior Officer and Annexure A-3 written by the Pr. Chief Conservator of Forests to the State Govt. In fact vide letter dated 19.6.2001, Pr. Chief Conservator of Forests again reminded the Govt. to clarify the position in this regard. This letter reads as under:

OUT TODAY RETIREMENT CASE

No. FT.440-2/71(E.II) Vol. II H.P. FOREST DEPARTMENT.

From:

The Pr. Chief Conservator of Forests, Himachal Pradesh, Shimla.

To

The F.C.-cum-Secretary (Forests) to the Govt. of Himachal Pradesh. Shimla-171002.

Dated Shimla-1 the, 19th June, 2001

Subject: Retirement of staff posted in Forest Deptt. Printing Press Kalaghat at Solan - Clarification thereof.

Sir,

Kindly refer to this office letter of even number dated 13.4.2001 and 5.5.2001, on the subject cited above.

The date of retirement mentioned in para-I of above letter be read as 30.6.2001. Necessary clarification into the matter may kindly be conveyed at the earliest so that the pension papers of the official be prepared and sent to A.G. H.P.

Yours faithfully, Sd/-19/6 Pr. Chief Conservator of Forests, H.P. Shimla.

The Govt. responded to the same in terms of letter dated 28.6.2001 which reads as under:

No.FFE-A(B) 18-1/2001(91) Govt. of Himachal Pradesh. Forest Department.

From:

The F.C.-cum-Secretary (Forests) to the Govt. of Himachal Pradesh. Shimla-171 002.

To

The Pr. Chief Conservator of Forests, Himachal Pradesh, Talland, Shimla-1.

Dated Shimla-2 the, 28.6.2001

Subject: Retirement of staff posted in Forest Department Printing Press Kalaghat at Solan- Clarification thereof.

Sir,

I am directed to refer to your letter No. Ft.441-42/71(E-II) Vol. II dated 19-6-2001 on the above cited subject and to say that clarification regarding retirement of Class -III employees posted in Forest Departmental Printing Press Kalaghat at Solan has already been given to you vide this department letter of even No. dated 16-06-2001 (copy enclosed once again). You are requested to take action accordingly.

Yours faithfully, Sd/- Addl. Secretary (Forests) to the Govt. of Himachal Pradesh.

Evidently the Govt. has not taken any decision by taking into account the supporting material enclosed by the Principal Chief Conservator of Forests in his letters. From the letters Annexures A-2, A-3 & A-5, it is evident that Petitioner was discharging his duties only as a skilled workman. Respondents'' action in retiring the Petitioner on 30.6.2001 cannot be said to be in accordance with law. Petitioner was to retire in accordance with FR 56(b). He shall be deemed to have retired after attaining the age of 60 years. Petition is allowed. Respondents are directed to take consequential action in accordance with law within a period of three months from the date of receipt of the certified copy of the order.

With the aforesaid observations, petition stands disposed of.