CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1579/2020 Reserved on: - 01.08.2025 Pronounced on: - 23.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Sh. Rakesh Kumar age 42 years S/o Sh. Vishwa Nath Rio Village Nandak Purmandal, Tehsil Bari Brahmna, District, Samba.

2. Sh. Shiv Kumar age 44 years S/o Sh. Des Raj R/o village Sagoon Tehsil and District, Jammu.

3. Sh. Mohd Musa age 51 years S/o Sh. Mohd Ishaq R/o Village Tanda Tehsil R.S.Pura District, Jammu.

4. Sh. Mohd Anayat Uilah Wani age 36 years S/o Late Sh. Gh. Rasool Wani R/o Village Shagun Tehsil Khari, District, Ramban.

5. Sh. Imtiyaz Ahmed Sohil age 32 years S/o Lale Sh. Abdul Hamid Sohil R/o village Halwagan Tehsil Ramsoo District, Ramban.

6. Sh. Gagandeep Singh age32 years S/o Sh. Surjeet Singh R/o Village Gota Tehsil Chassana, District, Reasi.

7. Sh. Surinder Singh age 29 years S/o Late Sh. Tirath Singh R/o village Alinbass Tehsil Pogal Paristan (Ukhral) District, Ramban.

8. Sh. Mohd Farooq Gorsi age 33 years S/o Sh. Mohd Bashir Gorsi R/o Village Topa Dodaj Tehsil Darhal District, Rajouri.

9. Sh. Aditya Khajuria age 36 years S/o Late Sh. Naresh Pal Khajuria Rio H. No. 315-A, Shastri Nagar, Tehsil Bahu. District, Jammu.

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

Versus

1. State of Jammu and Kashmir through Commissioner-Cum-Secretary, Forest Department, Civil Sectt. Jammu, 2. Principal Chief Conservator of Forest. J&K Government Van Bhawan, Jammu.

3. Chief Conservator of Forest, Jammu.

4. Sh. Hussian Anjum Kazmi, Forester C/o Principal, KFC, Forest Training School, Miran Sahib, R.S.Pura, Jammu.

5. Sh. Kewel Krishan. Forest Guard, posted at Forest Division, Kishtwar. 6. Sh. Mohd Iqbal Pedhar. Forest Guard, posted at Forest Division, Ramban.

7. Sh. Manmohan Kumar, Forest Guard, posted at Forest Division, Jammu

8. Sh. Sudershan Sharma, Forest Guard, posted at Forest Division, Jammu.

9. Sh. Rajesh Kumar, Forest Guard, posted at Forest Division, Reasi

10. Sh. Rajiv Gupta, Forest Guard, posted at Forest Division, Udhampur.

11. Sh. Sajjad Ahmed Rather, Forest Guard, posted at Forest Division, Bhaderwah.

12. Sh. Raman Rana, Forest Guard, posted at Forest Division, Udhampur 13. Sh. Rakesh Kumar, Forest Guard, posted at Forest Division, Jammu.

14. Sh. Parshotam Singh, Forest Guard, posted at Forest Division, Bhaderwah.

15. Sh. Chander Mohan, Forest Guard, posted at Forest Division, Ramnagar.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.17/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1579/2020 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 certiorari quashing;

(i) The final seniority list of Graduate Forest Guards fixed as on 31-8-2018 on the basis of acquisition of graduation qualification instead of their respective first appointments, issued vide Circular No. CCF-

J/Estt/NG/3366-76 dated 30-11-2018.

(ii) The order endorsement No. CCF/J/Estt/NG/3366-70 dated 8-11-2017 whereby the respondent No. 4 who is junior to the petitioners has been promoted to the post of Dy. Forester with effect from 21-12-2010 and as Forester with effect from 7-10-2016 being unconstitutional, illegal, arbitrary, discriminatory and contrary to the Rules and settled principle of law.

b) A further writ of mandamus commanding the respondents 1 to 3 to fix the seniority of the petitioners and other Graduate Forest Guards with effect from their respective dates of first appointments as Forest Guards instead of from the date of acquisition of graduation qualification with all consequential benefits.

c) A further writ of mandamus commanding the