IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2244 of 2008. Reserved on: 09.01.2009. Decided on: 24.02.2009. Smt. Kaushlya Devi. … Petitioner. Versus State of Himachal Pradesh and others. …Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Himat Negi, Advocate vice Mr. Ajay Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General. Rajiv Sharma, J. Brief facts necessary for the adjudication of this petition are that the petitioner’s husband was appointed as Forest Guard on 7th August, 1951. He was promoted as Forester temporarily by the Conservator of Forests, Beas Forest Circle, Dharamshala on 15th September, 1960. The post of Forester was re-designated as Deputy Ranger with effect from 15.11.1978. He was entitled to selection- grade with effect from 15.11.1978. He was due for promotion with 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - effect from 16.3.1985. He was also entitled to proficiency step-up with effect from 1.11.1986. He died on 7.2.1993. Disciplinary proceedings were initiated against the husband of the petitioner vide charge-sheet dated 5.2.1987. He was exonerated of all the charges vide communication dated 1st April, 1992. He made representation to the Conservator of Forests for release of selection- grade and also for promotion with effect from the due date. He also made representation for additional increment by way of proficiency step-up on 2.2.1993. The reason for not granting the selection-grade to the petitioner’s husband as is evident from letter dated 6th November, 1984 was that he was involved in four cases of illicit felling of trees. He was also not promoted and granted additional increment by way of proficiency step-up due to the pendency of departmental inquiry. Mr. Himat Negi appearing vice Mr. Ajay Sharma, Advocate has strenuously argued that the petitioner’s husband was exonerated of all the charges vide letter dated 1st April, 1992. He then contended that the case of the petitioner’s husband was required to be considered for promotion from the due date and he was also entitled to proficiency step-up. The learned Senior Additional Advocate General has argued that the petitioner’s husband could not be considered for promotion due to departmental proceedings against him and for the same reason he could not be granted the proficiency step-up. He lastly contended that the selection-grade had already been released in favour of petitioner’s husband vide letter dated 19.3.1985 with effect from 1.2.1981. - 3 - I have heard the learned counsel for the parties and perused the record carefully. The petitioner’s husband was promoted to the post of Forester on 15.9.1960. He was re-designated as Deputy Ranger with effect from 15.11.1978. He was entitled to selection-grade with effect from 15.11.1978. The reason assigned for not releasing the selection- grade to him was that he was involved in four cases of illicit felling of trees. He has been granted selection-grade vide letter dated 19.3.1985 with effect from 1.2.1981. In fact, he was entitled to get this selection-grade with effect from 15.11.1978. Mr. Himat Negi has argued strenuously that the similarly situated persons have been granted the selection-grade from 15.11.1978 and after the exoneration of petitioner’s husband on 1.4.1992, he was also entitled to selection- grade with effect from 15.11.1978. There is no reason why the petitioner’s husband has been deprived of the selection grade which has been granted to the similarly situated persons with effect from 15.11.1978 after his exoneration. He was due for promotion with effect from 16.3.1985 to the post of Forest Ranger. The only ground for not promoting the husband of the petitioner to the post of Forest Ranger was that the disciplinary proceedings were pending against him. It is settled law by now that if disciplinary proceedings have commenced and the person has been served with charge-sheet, his case will be considered for promotion, however, the recommendations shall be kept in a sealed cover. It does not appear from the records that this procedure was adopted by the respondents/department in his case. It has come in the reply that the Departmental Promotion Committee was conducted at the level of - 4 - Principal Chief Conservator of Forests, H.P., Shimla. The matter had already been taken up with higher authorities for promotion of the petitioner’s husband/retiree to the rank of Forest Ranger from the date he was due for promotion as per the reply filed by the respondent- State. Similarly the case of the petitioner for the grant of additional increment by way of proficiency step-up with effect from 15.11.1986 had been submitted to the Chief Conservator of Forests, Dharamshala vide letter dated 2.7.1994. If the case of the petitioner’s husband for promotion and grant of proficiency step-up has been sent to the higher authorities, the needful should have been done by now and the petitioner’s husband was to be considered from due date. i.e. 16.3.1985 for promotion and additional increment by way of proficiency step-up with effect from 15.11.1986. In view of the observations and analysis made hereinabove, the petitioner’s husband was entitled to get the selection-grade with effect from 15.11.1978. He was to be promoted from the due date, i.e. 16.3.1985 to the post of Forest Ranger and was also entitled for the grant of additional increment by way of proficiency step-up with effect from 15.11.1986. He was not granted these benefits only for the simple reason that he was involved in four cases of illicit felling of trees. He was absolved of all the charges on 1.4.1992. Thereafter he was to be granted all the benefits to which he was legally entitled. Accordingly, the writ petition is allowed. The respondents are directed to grant selection-grade to the husband of the petitioner with effect from 15.11.1978 and also to consider his case for promotion to the post of Forest Ranger from 16.3.1985 and further to grant him one additional increment by way of proficiency step-up with effect from - 5 - 15.11.1986. These mandatory directions shall be complied with by the respondents within a period of four weeks from today. The respondents are directed to release the monetary benefits to the petitioner with interest at the rate of 12% per annum. The petitioner is also held entitled to the costs quantified at Rs.3,000/-. February 24, 2009. (Rajiv Sharma), J. (sck).