STATE OF JHARKHAND Vs. SURESH CHOUDHARY

JUDGEMENT

(1.) Heard learned counsel for the appellants and the writ petitioner / sole Respondent.

(2.) Under challenge is the order of learned writ Court dated 16.06.2017 passed in W.P(S) No. 4173/2016. The writ Court quashed the Office Order dated 04.06.2016 whereby representation of the petitioner being aggrieved against the recovery from post retiral dues on account of revocation of ACP benefits and consequent fixation of pay-scale including recovery of the amount paid earlier, was rejected. The representation was made in pursuance to the order dated 29.02.2016 passed in W.P.(S) No. 1024/2016 By the impugned letter dated 20.11.2015, an amount of Rs. 7,52,170/- was directed to be recovered from the retiral benefits of the petitioner.

(3.) The issue involved was, whether the writ petitioner, a Forest Guard, was entitled for ACP benefits without having the qualification of matriculation which was treated to be an essential qualification for the post of Forester and Forest Range Officer. Learned writ Court relied upon the case of State of Punjab & Others versus Rafiq Masih (White Washer) & Others [(2015) 4 SCC 334] and also the case of Kushshwar Nath pandey Versus State of Bihar & Others [(2013) 12 SCC 580] and quashed the impugned orders. Writ Court while quashing the impugned order of recovery of Rs. 6,86,004/- directed the Respondents to make payment of retiral dues after adjusting Rs. 60,000/- against fine imposed in a Departmental Proceeding prior to retirement and excess payment of Rs. 6,000/- as shown in the impugned order dated 20.11.2015 within a time period.