AMAR NATH SINGH Vs. DIVISION DIRECTOR, SOCIAL FORESTRY, FOREST DIVISION AND 3 OTHERS
LAWS(ALL)-2018-7-118
HIGH COURT OF ALLAHABAD
Decided on July 19,2018

AMAR NATH SINGH Appellant
VERSUS
Division Director, Social Forestry, Forest Division And 3 Others Respondents

JUDGEMENT

Vijay Lakshmi, J. - (1.) By means of this writ petition, the petitioner has challenged two orders, viz. no. 4491 dated 1.6.2018 and 4492 dated 1.6.2018 passed by Divisional Director, Social Forestry, Forest Division, Basti (Respondent no. 1). By the first order the Divisional Director of Forest Department, Basti has ordered to recover Rs. 3,41,938/- from the petitioner which, according to him, was wrongly paid to the petitioner as pay arrears. By the second order, the petitioner has been demoted from the post of Forest Guard to the post of Gardener (Mali).
(2.) Heard Shri Indra Raj Singh, assisted by Shri Dharmraj Chaudhary on behalf of the petitioner and Shri Vijay Pratap Singh, learned Standing Counsel representing all the respondents.
(3.) Initially the petitioner was engaged in the Forest Department by the State Government on daily wage basis on 26.12.1990 and continued to perform his duties as a daily wager. In the year 2007 he filed Civil Misc. Writ Petition No. 25153 of 2007 for regularisation of his service, which was allowed by this Court vide judgment and order dated 8.9.2008. Against the aforesaid order dated 8.9.2008, the State Government filed Special Appeal (Defective) No. 540 of 2009 which was dismissed by a Division Bench of this Court vide order dated 2.1.2013. Thereafter Forest Department regularised the petitioner's services on Class IV post but fixed his salary in the minimum pay-scale excluding all allowances and increments. Being aggrieved by the aforesaid order of Forest Department, the petitioner filed Contempt Application (Civil) No. 5012 of 2012 in which this Court directed the department to pay regular pay-scale and all admissible allowances alongwith arrears to the petitioner.;


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