IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 10257/2008 Decided on:7.7.2010 _____________________________________________ Partap Singh. …Petitioner. Versus The Financial Commissioner-cum-Secretary (Forest) and others. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mrs. Rakesh Dhaulta, Advocate. For the Respondents: Mr. P.M. Negi, Dy. Advocate General. ____________________________________________________ Rajiv Sharma, Judge (oral). Petitioner was appointed as Forest Guard in the respondent Department on 25.11.1974. He was posted at Khagna Beat. FIRs No. 49/84 to 51/83 and 12/84 were registered by the Enforcement Department (South Zone) against the petitioner and other several persons. Petitioner was put under suspension with effect from 5.4.1982 to 31.8.1982 and thereafter with effect from 4.3.1986 to 4.7.1987 and disciplinary proceedings were initiated against him. He was exonerated vide order dated 7.10.1985. He was convicted by the learned Special Judge, 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Shimla vide judgments dated 26.3.1988, 28.12.1989 and 22.12.1989, respectively. He preferred criminal appeals in this Court. The appeals were accepted and the judgments of the trial court were set aside. The respondent-State filed SLP against the judgments of this Court. The same were dismissed by the Hon’ble Supreme Court. Petitioner made representation after his acquittal by this Court for release of full pay and allowances for the suspension period w.e.f. 5.4.1982 to 31.8.1982 and 4.3.1986 to 4.7.1986. He also prayed for proficiency step up benefits after completion of 8, 16 and 24 years of service. He retired on 31.10.2002. Petitioner has been paid the pay and allowances of the suspension period w.e.f. 5.4.1982 to 31.8.1982. However, petitioner has neither been released proficiency step up nor he has been paid the salary with effect 4.3.1986 to 4.7.1986 due to pendency of judicial proceedings against him. The process to release the retiral benefits was initiated by the respondents only after 10.5.2007. Death-cum-Retirement Gratuity and arrears on account of two proficiency step up, i.e. after 8 and 18 have been disbursed to him on 9.8.2007. The third proficiency step up was due to the petitioner on 25.1.2000. It has come in the reply that the process for opening sealed cover is under active consideration. Petitioner had worked for 24 years till 1998. In these circumstances, his case was required to be considered for the grant of 3rd proficiency step up. Petitioner was entitled to get Death-cum-Retirement Gratuity, leave encashment and arrears on account of two proficiency step up increments, i.e. after 3 completion of 8 and 18 years of service from the due date. The process for clearing the duties was required to be taken immediately after the acquittal of the petitioner by this Court. Respondents have wrongly withheld the third proficiency step up and salary for the period 4.3.1986 to 4.7.1986. Petitioner has already been exonerated as far as the disciplinary proceedings were concerned and has also been acquitted by this Court and the SLP preferred by the respondent-State also stood dismissed. Accordingly, in view of the observations made hereinabove, the petition is allowed. Petitioner is held entitled to salary for the period with effect from 4.3.1986 to 4.7.1986. He is also held entitled to interest @ 6% per annum on the amount of salary, delayed payment of DCRG, leave encashment and arrears on account of two proficiency step up, i.e. after completion of 8 and 18 years of service. Respondents are directed to release 3rd proficiency step up to the petitioner with interest @ 6% per annum. Needful be done within a period of ten weeks from the date of production of certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma), Judge 7.7.2010 *awasthi*