VAKIL RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner by way of present writ petition, has sought directions to the respondents to release his leave encashment and gratuity along with 9% interest from the due date.

(2.) As per the facts pleaded in the petition, the petitioner after rendering 39 years of unblemished service with the respondents in various capacities, retired as Range Officer from Lower Range Chamba, Forest Division Chamba, on 30/4/2015. Before his retirement, the petitioner vide office order dtd. 26/12/2014 (Annexure A-1) was granted extension in service till attainment of age of 59 years. However, the petitioner due to disease in his eyes, had applied for withdrawal of extension beyond his retirement. After retirement, the petitioner was allowed pension and other retiral benefits, except leave encashment and Death- cum-Retirement Gratuity. The petitioner was not communicated about anything adverse against him during his entire service career except a memo dtd. 11/12/2014 (Annexure A-4), wherein it was mentioned that 100 numbers of trees of Deodar/Fir spruce were found to have been illicitly felled in Lot No.01/13/15, Chamndrooni Dhar DPF Almi Beat. As such, it was felt that the petitioner while working as Range Officer Upper Chamba w.e.f. 17/8/2010 to 30/4/2013 had failed to perform government duties properly and could not protect the forest from illicit felling and thus was asked to explain why disciplinary proceedings may not be initiated against him for dereliction in performance of government duties.

(3.) The petitioner had replied to the said memo on 28/1/2015 (Annexure A-5), stating that there was no dereliction of duties on his part as the salvage marking in respect of Lot No.01/13-15 Chandrooni Dhar DPF was done by Sh. Baldev Prasad, Deputy Ranger, the then B.O. Khundel and the said marking was carried out in the month of November 2012 and the marking list was submitted to D.F.O Office for scrutiny, enabling to submit the same to Himachal Pradesh Forest Corporation. It was also submitted that the Lot in question was existing at the height of approximately 9000 feet from sea level and such physical checking of the marking Lot was not possible till the melting of the snow that occurred in the month of May/June. The petitioner was transferred from Upper Chamba Range to Chamba Forest Division and joined as F.R Special duty Chamba Forest Division during 05/2013. During his tenure as R.O. Upper Chamba i.e. w.e.f. 17/8/2010 to 30/4/2013 none of the operation was carried out in Lot No.01/13-15.