IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 4426 of 2008 Date of decision: 11.11.2010 _____________________________________________________________ Bala Ram. ....Petitioner. Versus State of H.P. & others. .....Respondents. ____________________________________________________________ Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon'ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? _____________________________________________________________ For the petitioner: Mr. Dhrub Shaunk. For the respondents: Mr. Mr. Ankush Dass Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. _____________________________________________________________ Kurian Joseph, Chief Justice (Oral): The petition has been filed with the following prayer:- i) That the respondents may very kindly be directed to grant promotion to the applicant from the date earlier to the promotion of persons junior to the applicant with all consequential benefits and interest. ii) That the respondents may be directed to release the increments and selection grade due to the applicant with interest at the rate of 12% per annum. 2. In the reply at paragraph 3, it is stated as follows:- “Admitted to the extent that applicant is working in Wildlife division, Sarahan as Deputy Ranger in Salaring -2- Block under Wildlife Range Katgaon. Rest of para is denied because no persons junior to him were promoted earlier than him. He was not promoted in the first instance because of the fact that he was panalised in a disciplinary case of illicit felling. As such he was promoted vide conservator of forest Rampur Office order No. 132/92 dated 10.2.1992 w.e.f. 10.2.1992 (Annexure R- I). But subsequently the enquiry report on the above disciplinary case was set aside by the Hon'ble Himachal Pradesh Administrative Tribunal vide order dated 17.8.94 his O.A. No. 634/89, consequently the applicant waqs promoted as Deputy Ranger vide Conservator of forests Rampur Office order No. 143/96 dated 23.3.96 w.e.f. 25.4.88 (Annexure R-II), when the applicant was actually due and no persons junior to him has been promoted prior to this date. The selection grade of the applicant has also been released by conservator of forest Rampur office order No. 111/97 dated 30.3.97 w.e.f. 1.4.86 (Annexure R- III) when it was due to him. His pay has also been fixed accordingly vide Divisional Forest Officer Wildlife Division, Sarahan Office order No. 40/97 dated 30.9.97 (Annexure R-IV). His arrear of pay on account of allowing increment of pay due to setting aside the penality by the Hon'ble Tribunal has already been paid and an arrear of Rs. 21,191/- (Rs. Twenty one thousands one hundred and ninety one) only paid vide cheque No. 698677 dated 31.7.95 and the payment to this effect has been made vide Cr. Vs. No. 17 (A)/Division of 7/95. In view of this, as relief might have been granted to him, this O.A. has become infructuous and may kindly be -3- dismissed.” 3. In view of the above reply and of the intervening developments, in case the petitioner has yet any grievance left, it will be open to the petitioner to approach the first respondent, in which case, the first respondent will duly consider the matter with notice to the petitioner and will take appropriate decision in accordance with law within four months. 4. With the above observations, the petition is disposed, so also the pending application (s), if any. (Kurian Joseph) Chief Justice. (V.K. Sharma) 11th November, 2010. Judge. (kck/lsp)