CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 328/2022 Reserved on: - 10.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sh. Abdul Quyoom Naik age 47 years S/o Sh. Abdul Subhan Naik Rio Village Neel Sinigam Dhanmasta Tehsil Pogal Paristan (Ukhral)

District, Ramban.

…Applicant (Advocate: - Mr. O.P. Thakur)

Versus

1. State of J&K through Commissioner-cum-Secretary, Forest Department, Civil Sectt. Jammu.

2. Principal Chief Conservator of Forest, Jammu.

3. Director Forest Protection Force, Jammu.

4. Chief Accounts Officer, District Fund Office, Ramban.

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

AAG)

HARSHIT YADAV C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.250/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.328/2022 by the Registry of this Tribunal.

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

a) It is, therefore, respectfully prayed that the writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of mandamus commanding the respondents to treat the appointment of the petitioner as forest protection force guard with effect from 24-10-2000 when his juniors have been appointed instead of 7-2-2007 as has been ordered by respondent No. 3 vide FPF Order No. 187 of

2016 dated 26-2-2016 with all consequential benefits.

With A further writ of certiorari quashing the communication No. DEO/Rbn/2016-17/545 dated 27-12-2016 issued by respondent No. 4 whereby he has informed the Dy. Director, Forest Protection Force, Gamma Unit J-9, Batote that the petitioner who has been appointed vide FPF Department order No. 187 of 2016 dated 26-2-2016 notionally with effect from 7-2-2007 without getting salary emoluments before 1-1-2010 was not covered for the allotment of General Provident Fund Account number.

With A further writ of mandamus commanding the respondents to treat the petitioner in service with effect from 24-10-2000 and entitled to pensionary benefits and allotment of General Provident Fund Account number.

HARSHIT YADAV C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Such other additional or alternate relief, which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioner.

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

a) The applicant, Shri Abdul Quyoom Naik, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He possesses the requisite educational qualifications, having passed Matriculation in the year 1985 and Higher Secondary Part-II thereafter. He belongs to Village Sinigam, Tehsil Banihal, District Ramban, which was notified as a Backward Area, and he was duly issued a Backward Area Certificate by the competent authority.

b) Pursuant to Advertisement Notice No. 3 of 1996 dated

24.12.1996 issued by the J&K Services Selection Board for filling up 158 posts of Forest Protection Force Guards, the applicant applied under the Reserved Backward Area (RBA) category, being fully eligible and fulfilling all prescribed conditions including physical standards. He was issued an interview call, assigned Roll No. 277, and successfully underwent the measurement test, walk test covering the HARSHIT YADAV C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief prescribed distance within stipulated time, and