- (1.) Heard counsel for the parties.
(2.) Petitioner has approached this Court with a prayer for quashing the order dated 24.12.2018, passed by the Divisional Forest Officer vide Memo No. 3049 and office order no. 184, as well as the order dated 24.12.2018, vide memo no. 3050, and office order no. 185. Further prayer has been made for a direction upon the respondents to provide 3rd MACP in Grade Pay of Rs.4,600/- with effect from 09.10.2016. Petitioner has also prayed for a direction upon the respondents to provide entire post retiral monetary benefits on the basis of consideration of his case for 3rd MACP in grade pay of Rs.4,600/-.
(3.) From the facts pleaded in the writ petition, it appears that petitioner is Intermediate of Arts and was appointed in the Forest and Environment Department on 09.10.1986 as a Forest Guard. During the service tenure, he passed the Hindi Noting and Drafting Examination in the year 1993 and further passed the Jan Jatiye (Santhali) language examination in the year 1993 and also completed the training of Forest Guard in the session of October, 1997 to March, 1998 from Forester - cum - Forest Guard Training School, Hazaribagh. Petitioner got his 1st ACP in the scale of Rs.4,000 - 6,000 (pre-revised) and Grade Pay of Rs.2,800/- and the 2nd ACP in scale of Rs.6,500 - 10,500 (pre-revised) and Grade Pay of Rs.4,200/- vide office order no. 67, dated 16.06.2014. Thereafter, without any rhyme or reason and without issuance of any show-cause notice and totally against the provisions of grant of ACP and MACP, vide order dated 24.12.2018, passed by Divisional Forest Officer, vide Memo No. 3049 and office order no. 184, as well as the order dated 24.12.2018, vide Memo No. 3050 and office order no. 185, the scale under 1st and 2nd ACP of the petitioner has been reduced to Grade Pay of Rs.2,400/- and Rs.2,800/- respectively, 3rd MACP in P.B.-II with grade pay of Rs. 4,200/- instead of Grade Pay of Rs.4,600/-. Further, a direction has also been passed for recovery of the excess amount paid to the petitioner. In view of the fact that other Forest Guards are getting the monetary benefits of ACP and MACP, as claimed by the petitioner, he preferred representation before the competent authority for redressal of his grievance. Petitioner has already superannuated from the service as a Forester on 31.10.2018 from the office of Divisional Forest Officer, Giridih Forest Division, Giridih. Since grievance of the petitioner has not yet been redressed, he has knocked door of this Court.;