High CourtsSingle Bench(2009) 04 J&K CK 0031

Dharam Paul Singh vs J & K State & Ors.

Jammu And Kashmir High Court · Decided on 20 April 2009

HON’BLE JUDGES
Hakim Imtiyaz Hussain, J
CASE NUMBER
Service Writ Petition (SWP) No. 881 of 2006

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Judgment

17 paragraphs · 330 words

Petitioner was an employee of the State Forest Department vide Government Order dated 8.1.2003 he was promoted as adhoc Dy. Conservator

of Forests alongwith 48 other Assistant Conservator of Forest . Out of these the petitioner and five other officers have retired from service vide

Government Order dated 8.1.2003 and 31.3.2006.

Petitioner's grievance is that while the benefit of the post of Dy. Conservator of Forest has been granted to other five officers, his pension has been

fixed as Assistant Conservator of Forest. He in the circumstances prays for the following reliefs:

That in view of the submissions made above and those to be urged at the time of hearing, the respondent No. 2 may kindly be directed to calculate

the pension, allowances, and gratuity of the petitioner as per pay scale of Dy. Conservator of Forests at par with the proforma respondents and

also to pay the arrears of the pension, being paid less and also to release the withheld amount of Rs. 75,000/ from the gratuity alongwith the

allowances and all other benefits as per the pay scale of Dy. Conservator of Forest by issuance of a writ of Mandamus.

Respondents state that the petitioner has not given the PPO numbers of other officers as such they are not in a position to comment on it.

Heard.

In view of the pleas raised I find the grievance of the petitioner can be considered by the respondents at their own level.

In these circumstances this petition is disposed of with a direction to the respondents to consider the claim of the petitioner in light of the pleas

raised. The respondents shall examine case of the petitioner in light of the the cases of other officers and grant the same benefit to the petitioner as

has been given to them, if the petitioner is found similarly situated with them.

Let the consideration be accorded and final orders be passed in the matter within six weeks.

Petition disposed of as indicated.