Central Adminaretrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 353 of 2024 This the 17^th day of May, 2024 Hon’ble Mr. Rajinder Singh Dogra, Member (J)

Ishwar Chand, age 63 years, S/o Late Sh. Sant Ram, R/o Village Jatheli, Tehsil Doda (Now Tehsil Mohalla), District Doda-182202.

....Applicant (Through Advocate: Mr. Muzzaffar Ali Shah)

Versus

1. The UT of J&K through the Financial Commissioner/Additional Chief Secretary to Govt. of J&K, Department Forests, Ecology and Environment, Civil Secretariat, Jammu-180001.

2. Principal Chief Conservator of Forests, Jammu Forest Comnplex/Van Bhawan, Exchange Road, Dogra Hall, Below Gumat, Jammu-180001.

3. Chief Conservator of Forests Jammu Forest Complex/Van Bhawan, Exchange Road, Dogra Hall, Below Gumat, Jammu-

180001.

4. Conservator of Forests, Chenab Circle, Doda. Forest Complex, Opposite Boys Hr. Sec. School, Doda, Tehsil Doda & District Doda-182201.

5. Divisional forest Officer, Doda, Forest Complex, Opposite Boys Hr. Sec. School, Doda Tehsil Doda & District Doda-

182201.

.....Respondents (Through Advocate: Mr. Sudesh Magotra, learned AAG)

O R D E R

1. Heard learned counsel for the respective parties.

2. The instant petition has been filed by learned counsel for the applicant seeking direction to the respondents to re- consider the case of the applicant to regularize the services of the applicant retrospectively from the date he has completed 07 years service with all the consequential benefits.

3. Learned counsel for the applicant further seeking direction to the respondents not to disengage the applicant till services of the applicant are regularized.

4. Learned counsel for the applicant submitted that the case of the applicant is totally covered by the judgement passed by the Hon’ble Supreme Court of India in cases titled ‘State of Haryana vs. Piara Singh’ reported as (1992) 4 SCC 118 and ‘State of Karnataka vs. Uma Devi’ reported as (2006)4 SCC 1 as well as against the judgements passed by the Division Benche of the Hon’ble High Court of J&K in cases being LPA (SW) No. 166/2011 titled ‘State of J&K vs. Amar Singh’ and judgement dated 26.07.2002 passed in case titled ‘Ashok Kumar vs. State of J&K & Ors.’ reported as ‘2003 (4) JKJ 93 [HC]/2003 (II) SLJ 475’ and judgement dated 20.12.2012 passed in case being LPA (SW) No. 33/2010 titled ‘State of J&K & Ors. vs. Mushtaq Ahmad Sohail & Ors.’ reported as (2012) 4 JKJ 1051 and also judgement dated 03.01.2015 passed in SWP No. 1298/2012 titled ‘Rakesh Kumar vs. State of J&K Ors’. judgement dated 25.02.2015 passed in LPA (SW) No. 115/2002 titled ‘State of J&K & Ors. vs. Niaz Ahmed & Ors’. and judgement dated 06.07.2018 passed in SWP No. 107/2018 titled ‘Harbans Singh vs. State ofJ&K Ors.’ which came to be upheld by the Supreme Court of India vide order dated 03.01.2022 in SLP (C) No. 20493/2021, as such, the impugned order is required to be set aside and respondents be directed to re- consider the claim of the applicant and regularize his services with all consequential benefits from the date he is eligible for such regularization i.e. w.e.f. 01.04.2000 when the applicant completed required continuous service period of seven years as per the eligibility requirements of SRO 64 of 1994 read with Govt. Order no. 1285-GAD of

2001 dated 06.11.2001.

5. Learned counsel for the applicant further submitted that the applicant would be satisfied if the present Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and consider the case of the applicant in light of aforementioned judgements and decide the same by passing a reasoned and speaking order within time frame.

6. In view of the above, the Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and consider the case of the applicant in light of aforementioned judgements and if the applicant is totally covered by those judgements,