HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition no. 1002 (S/S) 2004 1. Kailash Chandra Kapil S/o late Sri hari Dutt Kapil, At present posted as Forest Guard, Forest Division-Haldwani, Nainital, 2.Rishi Ram Painuli S/o late Sri Rameshwar Prasad Painuli, At present posted as Forest Guard, Tehri Dam-Forest Division (1) New Tehri, District Tehri Garhwal, 3. Maya Mohan Kandwal, S/o Sri Mahanand Kandwal, At present posted as Forest Guard, Rajaji National Park (Forest Division), Dehradun, 4. Indra Singh Negi S/o Sri Bache Singh Negi, At present posted as Forest Guard Haldwani Centre, (Tarai Forest Division), Haldwani, Nainital, 5. Indra Mohan Kothari S/o Sri Sridhar Prasad Kothari, At present posted as Forest Guard, (Dehradun forest Division), Dehradun. ----Petitioners. Vs. 1. State of Uttaranchal through Sevretary, Forest Department, Dehradun, 2. State of Uttaranchal through, Secretary (Finance), Dehradun, 3. Chief Conservator of Forest (Uttaranchal), Nainital, District Nainital. ----Respondents. Sri Rakesh Thapaliyal, learned counsel for the petitioners. Ld. Standing Counsel for the respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri Rakesh Thapaliyal, learned counsel for the petitioners and learned Standing Counsel for the State/ respondents. 2. By means of this writ petition, the petitioners have prayed to issue a writ, order or direction in the nature of certiorari for quashing of paragraph no. 7 of the impugned order dated 2 04.08.2004 passed by respondent no. 1, which is annexed as annexure no. 1 to the writ petition. The petitioners have further prayed that a writ in the nature of mandamus may also be issued directing the respondents to give the benefit of first promotional pay-scale to the petitioners after completion of 14 years’ service and also grant 2nd promotional pay-scale after completion of 24 years’ service as Forest Guard on the basis of existing promotional pay-scale of Rs.5000-8000. 3. The petitioners are the Forest Guards in the Forest Department. Submission of the petitioners is that as per the G.O. dated 2nd December 2000; the petitioners are entitled to 2nd promotional pay-scale on the existing pay-scale of promotional post, after completion of 24 years’ service as Forest Guard. The State of Uttaranchal on 4th August 2004 has passed an order wherein the benefit of the aforesaid G.O. has been accorded to all employees. The State of Uttaranchal vide its order dated 4th August 2004 while granting the aforesaid relief, as mentioned in the aforesaid G.O., has stated in para-7 that in respect of Forest Guards, decision shall be taken separately and until the decision is taken by the Govt., they shall be paid pay- scale of Rs. 4000-6000, after completion of 24 years’ service as forest Guard. 4. The petitioners filed this writ petition on 1st September 2004. The respondents have filed their counter affidavit and in para-9 of the counter affidavit it is stated by the respondents that the matter of pay-scale of Forest Guards is under consideration of the Govt. and is being examined separately. Till a final decision is taken by the Government, the scale existing for the post of Forest Guards, as on 1.1.1996, will be given to the petitioners. 5. This Court on 22.03.2005 directed the learned Standing Counsel to inform the Court as to whether any final decision has 3 been taken by the Govt. for providing promotional pay-scale to the Forest Guards in the State of Uttaranchal or not, as has been stated in para-9 of the counter affidavit. Thereafter the case was listed for hearing on different dates. On 25th May 2005, again the case was listed for hearing and the respondents were directed to inform the Court about the decision taken by the Govt. in respect of providing pay-scale to the Forest Guards. 6. During the course of arguments, learned Standing counsel has submitted that the Pramukh Van Sanrakshak, State of Uttaranchal, Dehradun has sent a letter dated 11th June 2005 to the Secretary Forest & Environment Department, State of Uttaranchal requesting him to take decision in the matter of the Forest Guards, as per direction of this court, which is also averred in para no. 9 of the counter affidavit that the matter of pay-scale of Forest Guards is under consideration of the Govt. However, the learned Standing counsel is not in a position to inform the Court whether any action has been taken by the Govt. on the matter or not. 7. In these circumstances, I direct the respondent no. 1 to take decision in the matter of Forest Guards for providing them 2nd promotional pay-scale after their completion of 24 years’ service as Forest Guard as indicated in para-7 of the G.O. dated 4th August 2004, within a period of two months from the date of production of a certified copy of this order. 8. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) April 4, 2006: NCM: