Range Officers of Forest Association vs State of Bihar and Others

Tapen Sen, J.—Heard Mr. A.K. Pan-dey, learned counsel for the petitioner and Mr. R.S. Mazumdar, learned counsel for the State Respondents.

The petitioner, in the instant case, has prayed for, issuance of the writ of mandamus commanding upon the respondents to start stipend to all Range Officers of Forests who are undergoing training in different colleges w.e.f. 19.5.1993 at the rate of Rs. 1250/- per month. In the Supplementary Affidavit filed by the petitioner on 19.8.2002 it has been stated at Paragraph 6 that the then Principal Chief Conservator of Forest, Bihar, Hinoo, Ranchi vide letter No. 2985 Ranchi-2, dated 13th July, 1996 wrote to the Additional Secretary, Department of Forest and Environment, stating that there was no justification in giving stipend to the trainee Range Officer during the training period. The P.C.C.F. had recommended for payment of regular salary to the said Trainee Range Officers from the date of their training, a practice which is in vogue in every services of the State.

Mr. R.S. Mazumdar, learned counsel for the respondent, with reference to Paragraph-5 of the counter-affidavit has submitted that the Government of Bihar at that stage was considering actively to give regular time scale of pay instead of stipend and a Committee was set up to look into the matter.

Mr. R.S. Mazumdar, however, submits that with the creation of the new State of Jharkhand, it will now be the State of Jharkhand who will look into the matter and the Writ Court under Article 226 cannot issue a writ of mandamus.

There is sufficient force in the submission of Mr. R.S. Mazumdar. The nature of the prayer that has been made in this Writ Application cannot be entertained at the threshold by this Court under Article 226. Accordingly, this Writ Application is permitted to be withdrawn giving liberty to the Petitioner Association to move the appropriate authority of the Government of Jharkhand for redressal of their grievances. The Petitioner Association shall have liberty to refer to all such documents that they may like to do including the report of the Fitment Committee.

With the aforesaid observation, this Writ Application is dismissed as withdrawn.