SWARAN SINGH CHAHAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) A challenge has been laid to the order dated 17.10.2000 passed by the Central Administrative Tribunal, Chandigarh Bench in O.A. No. 144/CH/2000. Since common questions of law and facts are involved, these writ petitions are being disposed of by a common judgment. The petitioner Swaran Singh assailed the order of the Tribunal along with Sh. Bachhan Singh and Sh. S.C. Gaur by way of CWP No. 978/2000. A. statement was made by the learned Counsel appearing on behalf of the petitioners that the present petition may be treated to be filed by petitioner No. 2 i.e. Swaran Singh, IPS alone. The Counsel for the petitioners was permitted to file separate petitions on behalf of Bachhan Singh and S.C. Gaur without insisting to file all the Annexures. The writ petition filed by Sh. Bachhan Singh was registered separately and assigned CWP No. 110/2001. The petition filed by Sh. S.C. Gaur was registered as CWP No. 109/2001.

(2.) THE brief facts necessary for the adjudication of these petitions are that the petitioner in CWP No. 978/2000 initially joined the Punjab Forest Services Class -1 and on the constitution of the Indian Forest Services, he was appointed to the Indian Forest Services (Punjab Cadre) on 1.10.1966. He was allotted to the State of Himachal Pradesh after the reorganization. He was promoted to the post of Chief Conservator of Forests with effect from 20.7.1979. He, retired on 30.4.1980. The petitioner Bachan Singh in CWP No. 110/2001 had joined the Punjab Forest Services on 3.4.1944 and was subsequently appointed to the Indian Forest Services (Punjab Cadre) on 1.10.1966. He was subsequently promoted to the post of Chief Conservator of Forest on 1.10.1968 and he stood retired on 30.4.1978. The petitioner S.C. Gaur in CWP No. 109 of 2001 was promoted to the post of Chief Conservator of Forests on 1.1.1981 and he retired on 1.8.1982.

(3.) THE petitioners and other similarly situate persons made a representation to the Central Government which was turned down on 9.8.1999. The text of letter dated 9.8.1999 reads thus: I am directed to refer to the correspondence resting with the Society 'sletter dated the 2nd June, 1999 on the subject mentioned above and to say that the matter has been examined in consultation with, the Department of Personnel and Training. 2. It is clarified that the pension of a retired I.F.S. Officer has to be fixed with reference to the post held by him at the time of his retirement and, the pay scale attached to that post. The post of Chief Conservator of Forests cannot be upgraded to that of the level of PCCF from back date. It is, therefore, regretted that the request to fixing the pension of the Chief Conservators of Forests who retired prior to 1986, in the revised scale of pay of Pr. Chief Conservator of Forests, cannot be acceded to.