MOHAMMAD SHAFI KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner was working as Senior Assistant in the respondent Department. Vide Forest Order No. 326 of 2010 dated 15 -10 -2010, in pursuance to the decision taken by the Divisional Level Departmental Promotion Committee (DPC), held on 25 -03 -2009, he was made Incharge of the post of Head Assistant in his own pay and grade with Charge Allowance as admissible under rules. At the time of making him Incharge Head Assistant, the petitioner had already crossed the age of 50 years. The Divisional Level Departmental Promotion Committee took the decision of placing him as Incharge Head Assistant in view of mandate contained in SRO 272 of 2008 dated 19 -09 -2008, which is taken note of:

(2.) THEREAFTER , vide Forest Order No. 420 of 2010 dated 29 -11 -2010, the petitioner, along with three other Incharge Head Assistants, was placed in the pay scale of Rs. 9300 -3480 (PB -2) (Grade Pay Rs. 4200) plus usual allowances. The order was conditional and it was mentioned therein that in the event DPC does not confirm the action with regard to release of grade in their favour, same would be recovered from them and that the officials shall undergo Secretariat Assistants Training Course.

(3.) HEARD learned counsel for the parties.