S.N.PATHAK,J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with a prayer for quashing the office order No. 126 dated 22.06.2013, passed by the Principal Chief Conservator of Forest, as contained in memo No. 2439 dated 22.06.2013 and follow-up office order No. 137 dated 24.07.2013, passed by Divisional Forest Officer, Garhwa, whereby the order of recovery from the petitioner has been passed. Further prayer has been made for fixation of pay, after grant of ACP, in the scale of Rs. 6500-10500. Factual Matrix
(3.) The petitioner was appointed as Forest Guard on 18.02.1980 and superannuated on 31.07.2008, on attaining the age of superannuation. The petitioner worked for 28 long years having an unblemished career. It is the case of the petitioner that he was granted the benefits of 1st and 2nd ACP and as such, the petitioner has approached this Court in W.P.(S). No. 3621 of 2012. The Hon'ble Court disposed of the writ application with an observation and direction to the respondents to consider the case of the petitioner along with one Kedar Nath Mishra, in accordance with law. After passing of the order by this Court, the respondent-authorities have already considered the case of the petitioner for granting the benefits of 1st and 2nd ACP and the pay-scale of the petitioner has also been fixed in the scale of Rs. 6500-10500. It is the further case of the petitioner that after fixation of pay-scale and granting the benefits of 1st and 2nd ACP in light of the order of this Hon'ble Court, the respondents were of the view that the said benefits of ACP and fixation of pay-scale have illegally been granted to the petitioner and as such, they passed an order of recovery vide order dated 24.07.2013, after passing of five years of retirement of the petitioner as the petitioner retired on 31.07.2008. Aggrieved by the said order of recovery, the petitioner has preferred this writ petition.;