WRIT PETITION 4941 of 2003 on 26 May 1992

1. The State of Jharkhand

2. Principal Chief Conservator of Forests, Doranda Ranchi

3. Principal Chief Conservator of Forests, Bihar

4. Principal Forest Conservator and Director State Trading Bihar

5. Commissioner-cum-Secretary, Forests & Environments, Government of Jharkhand, Ranchi Government of Jharkhand, Ranchi

6. Commissioner-cum-Secretary, Forest & Environment, Government of Bihar, Patna. …… Respondents

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CORAM: The Hon’ble Mr. Justice Aparesh Kumar Singh

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For the Petitioner:M/s Naresh Pd. Singh & Arvind Kr. SinghFor the State of Jharkhand: M. Jalisur Rahman, JC to GP-IIIFor the State of Bihar : JC to GA(Bihar)

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12/17.12.2014

Heard learned counsel for the parties.

The original petitioner has been substituted by his widow

i.e. the present petitioner namely Geeta Kumari.

At present the only subsisting grievances of the petitioner is in relation to payment of annual increments from the date of promotion of her husband as Range Forest Officer in the year 1988 and for payment of full salary for the period of his suspension i.e. 26.05.1992 to 16.05.1994.

Learned counsel for the petitioner submits that vide notification dated 25.10.2012 issued by the Forest and Environment Department, Government of Jharkhand, the husband of the petitioner was exonerated from the charges in the departmental proceeding conducted against him vide office order no. 947 dated 23.11.1992. The said notification, Annexure-7 also indicates that the period of suspension would be treated as duty and the employee would be entitled to full salary for the said period. However, according to the petitioner, though representations have been made by her after death of her husband on 05.09.2008, Annexure-6 dated 19.09.2008 before the Principal Chief Conservator of Forest, Jharkhand, but the aforesaid grievances have remained undressed.

Learned counsel for the respondent-State submits that the petitioner may be directed to approach the competent authority for redressal of her aforesaid grievances with a fresh representation.

Having regard to the aforesaid facts and circumstances and the submissions made, it appears that though originally the writ petitioner/employee had also made a prayer for directing the respondents to take final decision on the basis of enquiry report submitted by the enquiry officer and for consequential reliefs of salary of annual increments, but the enquiry proceeding ended in his exoneration with a further stipulation that the period of suspension would be treated as on duty. Therefore, for the remaining grievances as has been referred to hereinabove, the petitioner is allowed liberty to approach the respondent no. 2, Principal Chief Conservator of Forest, Jharkhand, Doranda, Ranchi with a fresh representation duly supported with all necessary facts and documents. On receipt of such representation, the respondent no. 2, Principal Chief Conservator of Forest, Jharkhand, Doranda, Ranchi would consider the same in accordance with law after due verification of the relevant service records of the deceased employee and take decision thereupon within a period of 12 weeks thereafter.

Needless to say, if the claim of the petitioner is found to be genuine and legally admissible, payable dues be released in favour of the petitioner within a reasonable time thereafter.The writ petition stands disposed of accordingly.

(Aparesh Kumar Singh, J)