CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH [Reserved]

Transfer Application No. 61/6474/2020 Reserved on: 16.09.2025 Date of Pronouncement: 29.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between

1. Kuldeep Raj, aged 52 years, S/o Sh. Khem Raj, R/o Kuniyan, District – Poonch.

2. Ali Mohd. Aged 49 years, S/o Sh. Subhana Dar, R/o Loran, Poonch.

3. Surinder Singh, Aged 43 years, S/o Sh. Bhajan Singh, R/o Kunyian, District Poonch.

4. Rajinder Kumar, aged 50 years, S/o Sh. Sukh Raj, R/o Mohalla Power House, Ward No. 3, Poonch.

…..PETITIONERS -VERSUS-

1. State of Jammu and Kashmir through Commissioner-cum-Secretary to Government, Forest Department, Civil Secretariat, Jammu.

2. Principal Chief Conservator, Forest Department, Jammu.

3. Chief Conservator of Forest, Jammu.

4. Divisional Forest Officer, Poonch.

5. Range Officer, Forest Department Poonch.

….....RESPONDENTS Advocate for applicant(s): Ms. Manpreet Kour Advocate for respondent(s): Mr. S. Magotra, ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 2089/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered and listed as T.A. No. 61/6474/2020 by the Registry of this Tribunal.

2. The instant case was initially filed before the Hon’ble High Court of Jammu and Kashmir, praying therein the following reliefs: -

“(i) to quash order No.2218-22 dated 17.03.2012 passed by the Divisional Forest Officer, Poonch For Division Poonch intimated vide letter No. DFO/PFD/1358-59 dated 04.08.2017 by which the respondents have rejected the case of the petitioners for regularization, by issuance of writ of certiorari;

(ii) to issue directions to the respondents to consider the case of the petitioner for regularization by extending the benefits of SRO 520 of 2017 dated 21 December, 2017 and Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 and to give the effect of regularization to the petitioners retrospectively with effect from 2002 the date the petitioners have completed seven years of services and to give the similar treatment to the petitioners as is given to the similarly situated persons by issuance of writ of mandamus;

(iii) to issue directions to the respondents to extend the benefit of provisions of Government order No.355-GAD of 1996 dated 30.04.1996 and also notification dated 30.04.1996 issued by the General Administration Department in favour of petitioners while considering the case of petitioners for regularization, by issuance of writ of mandamus.”

3. The facts of the case as projected in the instant TA are that the petitioner No. 1 was engaged on 01.04.1995 on daily wage basis in the Forest Department and the respondents have extended the services of the petitioner No. 1 from time to time. The petitioner was appointed in April 1995 and completed seven years in 2002. The petitioner No. 2 was also appointed on 01.01.1995 on daily wage basis in Forest Department and completed seven years services in 2002. The petitioner No. 3 was engaged in the year 1995 as Class-IV employee on daily wage basis in the forest Department and has completed seven years in 2002 and the petitioner No. 4 was appointed in the year 1995 as Class-IV employee on daily wage basis in the Forest Department and completed the seven years of service in 2002. The respondents have extended the services of the petitioners from time to time. The petitioners were/ are performing the duties of watch and ward. The petitioners performed the election duty in Kashmir Valley in Parliamentary elections. The government has issued a government order No. 355-GAD of 1996 dated 30.04.1996 where it is specifically mentioned that the person who has satisfactorily performed the election duty in the valley could be considered for regularization. The government has also issued Notification where it is mentioned that the relaxation of condition of 7 years in respect of those daily wagers who willingly offer to pe