- (1.) THE petitioner has prayed for quashing the order dated 9.9.2009 (Annexure -5), whereby the respondents have refused to pay salary of the Range Officer to the petitioner. He has also prayed for direction on the respondents to grant benefit of ACP.
(2.) THE petitioner was appointed as Forest Guard in the year 1961. In course of service, he was given promotion to the post of Forester. Subsequently, by order dated 11.12.2000 the petitioner along with the others was given promotion to the post of Forest Range Officer. However, benefit of promotion was to be given from the date of joining the place of posting. The grievance of the petitioner is that though the petitioner was given promotion, he was not given place of posting for a long time. In the meanwhile, the petitioner retired on attaining the age of superannuation on 30.4.2001 from the post of Forester. According to the petitioner, the respondents have deprived the petitioner of the benefit of the pay scale of Forest Range Officer in the said way and they also did not pay the benefit of 2nd ACP, which the petitioner was entitled to get after completion of 24 years service. The petitioner, on the said ground, has sought for appropriate relief in the writ petition.
(3.) THE respondents initially opposed the writ petition by filing counter affidavit. However, subsequently they filed supplementary counter affidavit dated 21.3.2013 stating, inter alia, that in the matter of giving benefit of ACP to the employees including the petitioner, the Divisional Forest Officer, Chatra has sent a letter to the Conservator of Forest, Hazaribag Circle for considering the claim and after approval by the competent authority, the ACP benefits shall be payable to the petitioner. Since the petitioner has retired, ACP benefits shall be included in his pension.;