--------------------------------------------------------------------------------------- Whether reporters of the Local papers are allowed to see the judgment? IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWP No.7603 of 2010. Decided on: December 28, 2011. P.L. Sudan s/o late Sh. Chhaju Ram, r/o Sudan Cottage, Near Degree College, Rajgarh Road, Solan, HP-173212. …… Petitioner. Versus State of Himachal Pradesh through Additional Chief Secretary (Forests) to the Govt. of H.P., Shimla-2. ….Respondents. Civil Writ Petition under Articles 226 & 227 of the Constitution of India for releasing pensionary benefits alongwith interest. ____________________________________________________________ Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting? For the petitioner : Mr. Dilip Sharma, Advocate, For the respondent : Mr. A.K.Bansal, Addl. Advocate General. Surinder Singh, J (oral): By means of the present petition, the petitioner has sought the following reliefs:- 1. “That the decision reflected in 20.10.2010, Annexure P-2, whereby retiral/ service benefits have been denied to the petitioner on the ground of pendency of appeals against orders of acquittal in his favour may kindly be quashed and set-aside; - 2 - 2. That the respondent may be directed to consider/ promote the petitioner as ACF from 1979 when juniors to him were promoted on adhoc basis, and open recommendations of DPC kept in sealed cover in 1983 with all consequential benefits; and 3. That respondent may be directed to grant senior scale to the petitioner from 1987 when the same was released to his juniors with all consequential benefits.” 2. The petitioner joined service as Forest Ranger in respondent-department on 1.10.1961. He was given adhoc promotion only as Assistant Conservator of Forests. In FIR No.88/77, he was one of the accused, but acquitted on 23.5.85. State filed Criminal Appeal No.114/85 against acquittal, which was dismissed. 3. In FIR No.92/77, though the petitioner was convicted on 1.8.90 by the learned Special Judge, but his Criminal Appeal No.350 of 1990 against conviction and sentence was allowed on 4.11.1997. Consequently, he was acquitted. 4. Further he was also involved in FIR Nos. 2/84, 3/84 and 77/85. The learned Special Judge acquitted him in all the FIRs and it is stated at Bar by the learned counsel for the petitioner that even the Criminal - 3 - Appeals filed by the State against his acquittal were also dismissed by the High Court. 5. The petitioner retired on 31.8.1994 as Divisional Forest Officer, but the respondent-department did not release his retiral benefits, as such, he represented to the respondent, which was dismissed vide Annexure P-2 dated 20th October, 2010, on the ground that the adhoc promotion and retiral benefits cannot be regularised because of the pendency of the criminal appeals. Now since the criminal appeals filed by the State stand dismissed. 6. Therefore, for the afore-stated reasons, the petitioner has become entitled for and is thus allowed the retiral benefits and to be considered for adhoc promotion w.e.f. 1979 and regular promotion from the year 1983 and also for the grant of senior scale w.e.f. the year 1987 alongwith consequential arrears of salary and retiral benefits i.e. leave encashment, gratuity and arrears of revised pension within four months from production of certified copy of the judgment to the respondent alongwith copies of acquittal passed by the Courts. Respondent is also directed to pay interest @ 9% per annum on the delayed payments on the retiral benefits, with effect - 4 - from the retirement date till its release, within the period above-mentioned, failing which it shall carry interest @ 12% p.a., as held in S.D. Bharwal vs. State of H.P. and Others [CWP No.2381 of 2009 decided on 7.9.2011] by this Court. 7. With these directions, the present petition stands disposed of, so also the pending application(s), if any. (Surinder Singh ) December 22, 2012. Judge (Pds)