OM DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has filed this petition for quashing Annexure A -1 dated 19.12.1998 vide which the services of the petitioner were taken over only as Forest Guard and not as Forest Ranger which post he was holding in the Kutlehar Forests prior to the taking over the services of the petitioner by Government of Himachal Pradesh and even thereafter till his retirement vide office order No. 124 dated 31.10.1998. The petitioner has also raised grievance for not paying him admissible salary as Forest Ranger. He has also raised grievance against respondents to pay him arrears of salary alongwith interest at the rate of 18% per annum and counting of his entire service in Kutlehar Forests for the purposes of pay fixation, seniority and retiral benefits.

(2.) THE further case of the petitioner is that the Kutlehar Forests were in State of Punjab and Government of Punjab had appointed Raja Mohinder Pal as the Superintendent of Kutlehar Forests. The Governor of Punjab vide notification dated 11.11.1960 was pleased to appoint the Superintendent Kutlehar Forest, all Deputy Rangers, Foresters, Forest Guards, Nursery Chowkidars and Rakhas as employed by Raja of Kutlehar Jagir, Tehsil Hamirpur, District Kangra to be Forest Officers for carrying out the purposes of Section 64 of the Indian Forest Act, 1927.

(3.) THE further case of the petitioner is that Section 8 of the Act provides that an employee appointed in connection with the management of Kutlehar Forest Estate shall on the appointed day become an employee of the Government. On 10.3.1995 vide Annexure A -4 the Financial Commissioner -cum - Secretary (Forests), Government of Himachal Pradesh, authorized the Divisional Forest Officer, Una to enter upon the land and premises vested in the State Government under Section 4 of the Act and to take over the possession of lands / buildings/ trees and all other documents / properties relating to Kutlehar Forests from the Superintendent of Kutlehar Forests. The Governor of Himachal Pradesh vide notification dated 10.3.1995 Annexure A -5 was pleased to declare 11.3.1995 as 'appointed day ' under the Act.