CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 491/2020 Reserved on: - 15.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Papa Ram, age 52 years S/O Sh. Munshi Ram R/O Village Budh Charyai, Tehsil Chowki Choura, Akhnoor, District Jammu

2) Mohinder Pal Singh, age 48 years S/O Sh. Narayan Singh R/O Gura Salathian, Tehsil Vijaypur, District Samba

3) Chaman Lal, age 49 years S/O Chattru Ram R/O Mansar, Tehsil Majalta, District Udhampur

5) Sagar Singh, age 50 years S/O Sh. Krishan Singh R/O Dhammi, Tehsil & District Jammu

6) Sham Lal, age 54 years S/O Sh. Hari Ram R/O Kaswal, Tehsil Hiranagar, District Kathua.

7) Tarsem Lal, age 53 years S/O Sh. Sain Dass R/O Tathwal, Tehsil Hiranagar, District Kathua Darshan Kumar, age 55 years S/O Sh. Railu Ram R/O Jandyal Thathi, Tehsil Kot Bhalwal, District Jammu.

9) Sansar Singh, age 51 years S/O Sh. Raghu Nath Singh R/O Nora, Tehsil & District Kathua

10) Kuldeep Singh, age 53 years S/O Sh. Tej Ram R/O Dambra, Tehsil Mahanpur, District Kathua

11) Ujagar Singh, age 58 years S/O Late S. Hira Singh R/O Near Railway Patri, Makhanpur Gujrian Tehsil R.S.Pura, Distt Jammu

12) Jagdish Kumar, age 47 years S/O Sh. Bihari Lal R/O Thanoon, Tehsil & District Kathua

13) Ashok Kumar, age 51 years S/O Sh. Sunder Dass R/O Village Chowki, Tehsil Chowki Choura, Akhnoor, District Jammu …Applicants (Advocate: - Mr. Sudershan Sharma)

Versus

1 State of J&K through Commissioner Secretary, Forest Department, J&K Govt., Civil Secretariat, Srinagar/Jammu.

2 Principal Chief Conservator of Forests, J&K Govt., Jammu

3) Chief Conservator of Forests, Jammu.

4) Conservator of Forests, East Circle, Jammu. 5) Conservator of Forests, West Circle, Jammu.

…Respondent (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2535/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.491/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “For issuance of an appropriate writ, order or direction in the nature of writ of mandamus commanding upon the respondents to give effect re-designation of the petitioners w.e.f. the date the petitioners have been regularized.

b) Further writ of mandamus commanding upon the respondents not to make any further promotion to the post of Forest Guard and Deputy Forester on the basis of the tentative seniority lists dated 01-3-2019 and 26-02-2019 in the given facts and circumstances.

c) Mandamus commanding upon the respondents to promote the petitioners as forest guard and Deputy Foresters on the same analogy as has been adopted in the case of similarly situated employee namely Raj Kumar.

d) For issuance of any other writ, order or direction which this Hon'ble Court may deems fit in the facts and circumstances of the case may please also be issued in favour of the petitioners and against the respondents.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The applicants are citizens of India and permanent residents of the erstwhile State of Jammu and Kashmir. They are similarly situated employees of the Forest Department and have approached this Tribunal jointly, as their grievance arises out of common facts and identical legal issues, so as to avoid multiplicity of proceedings.

b) The applicants were initially engaged by the Forest Department as Daily Rated Workers/Helpers during the period 1996–1997. From the date of their engagement, they continuously discharged duties under the direct control and supervision of the Forest Department and rendered uninterrupted service to the satisfaction of their superior officers. Upon completion of the requisite qualifying service, their services were regularized under the Jammu and Kashmir Daily Rated Workers/Work Charged Employ