KAMAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IT is not disputed by the parties that the present lis is squarely covered by the judgment 29.12.2009, rendered by this Court in Om Dutt versus State of H.P. and others, CWP(T) No. 2492 of 2008 (O.A. No. 2104/1999).

(2.) CONSEQUENTLY, the petition is allowed. It is held that petitioner was Forest Guard of H.P. Government on appointed day, i.e.,11.03.1995 under the Act and continued as such till he retired. The petitioner was entitled to salary as was payable to Forest Guard in the H.P. Government on 11.3.1995 and thereafter. The petitioner is also entitled to counting of his entire service rendered by him in the erstwhile Kutlehar Forest Management till his retirement for purposes of pay fixation, seniority and retrial benefits in accordance with Section 8 of the Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992. The respondent-State is directed to calculate the arrears payable to petitioner in accordance with the judgment and pay the same to the petitioner within a period of six months from today after adjusting payments which have already been made to the petitioner on account of his retirement, failing which, the petitioner shall also be entitled to interest at the rate of 9% on such arrears till payment. The petition is disposed of on above terms.