LAWS(JHAR)-2017-8-227

VIDHYAWANTI DEVI Vs. STATE OF JHARKHAND & ORS.

Decided On August 03, 2017
Vidhyawanti Devi Appellant
V/S
State Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing the office order No. 127 dated 22.06.2013, passed by the Principal Chief Conservator of Forest, as contained in memo No. 2440 dated 22.06.2013 and follow-up office order No. 136 dated 24.07.2013, passed by Divisional Forest Officer, Garhwa whereby the order of recovery from the husband of the petitioner has been passed. Further prayer has been made for fixation of pay, after grant of ACP, in the scale of Rs. 6500-10500. Factual Matrix

(3.) The husband of the petitioner was appointed as Forest Guard on 13.02.1979 and superannuated on 31.07.2008, on attaining the age of superannuation. The husband of the petitioner worked for 28 long years having an unblemished career. It is the case of the petitioner that her husband was granted the benefits of 1st and 2nd ACP and as such, the petitioner's husband along with one Jairam Oraon has approached this Court in W.P.(S). No. 3621 of 2012. The Hon'ble Court disposed of the writ application with an observation and direction to the respondents to consider the case of the petitioners of that case, in accordance with law. After passing of the order by this Court, the respondent-authorities have already considered the case of the petitioner's husband for granting the benefits of 1st and 2nd ACP and the pay-scale of her husband has also been fixed in the scale of Rs. 6500-10500. Thereafter, on 17.01.2013, the husband of the petitioner died.