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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

[Reserved]

Transfer Application No. 61/3600/2020

(SWP No. 1754/2017)

Reserved on: 16.09.2025

Date of Pronouncement: 23.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Mr. Dheeraj Behal, Aged 42 years,

S/o Sh. Suraj Parkash,

R/o H.No. 5, Shastri Nagar, Jammu.

…..PETITIONER

-VERSUS-

1. State of Jammu and Kashmir,

Through Commissioner/Secretary to Govt. Forest Deptt.,

Civil Secretariat, Jammu.

2. Principal Chief Conservator of Forests,

Jammu & Kashmir Government,

Van Bhawan, Jammu.

….....RESPONDENTS

Advocate for applicant(s): Mr. Ankesh Chandel

Advocate for respondent(s): Mr. S. Magotra, ld. AAG

T.A. No. 61/3600/2020

(SWP No. 1754/2017)

Digitally signed by

SOURABH KUMAR

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ORDER

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 1754/2017 was transferred from

the Hon’ble High Court of Jammu and Kashmir at Jammu

and was registered and listed as TA No. 3600/2020 by the

Registry of this Tribunal.

2. The applicants by way of this T.A. have prayed for the

following reliefs:

“(a) An appropriate writ, order or direction in the nature of

writ of mandamus declaring the first proviso appended to

Section 5 and section 9 of the Jammu & Kashmir Civil

Services (Special Provisions) Act, 2010 as ultra-vires the

Constitution of India offending and infringing the

fundamental rights of the petitioner.

(b) An appropriate writ, order or direction in the nature of

writ of certiorari quashing Government order No.514-FST

of 2012 dated 31.12.2012 to the extent it regularizes the

service/ appointment of the petitioner prospectively i.e.

from31.12.2012 instead of retrospectively w.e.f. the date the

petitioner was appointed as Forester in the pay scale of

Rs.4500-7000 vide Forest Order no. 247 of 2000 dated

04.09.2000.

(c) An appropriate writ, order or direction in the nature of

writ of mandamus commanding the respondents to

regularize the service of the petitioner w.e.f 04.09.2000 by

treating the petitioner as member of the service from the

date of his initial appointment.

(d) Any other relief, which this Hon'ble Court in the facts and

circumstances of the case deems fit and proper.”

The facts of the case as projected in the instant TA, are

as follows:

T.A. No. 61/3600/2020

(SWP No. 1754/2017)

Digitally signed by

SOURABH KUMAR

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“a) That pursuant to a Cabinet decision No. 115/11 dated

30.06.2000, the respondent No. 2 issued Forest Order No.

247 of 2000 dated 04.09.2000, whereby as many as 73

DDR Trained candidates were appointed as Foresters in the

pay scale of Rs.4500-7000 on adhoc basis, which includes

the petitioner herein also. The Forest Order no.247 of 2000

dated 04.09.2000 contained a stipulation that 73

candidates are appointed on adhoc basis for a period of six

months or till the posts are filled up by Subordinate Service

Selection Board, whichever is earlier. It is pertinent to

mention that before the appointment of the petitioner vide

aforesaid Forest order no.247 of 2000 dated 04.09.2000,

the posts were duly advertised, selection committee

constituted and after the selection was made, order dated

4.9.2000 was issued. The appointment of the petitioner on

adhoc basis was made only after the petitioner participated

in the selection process carried out by the respondents.

b) That in the year 2004 the Government in the General

Administration Department issued Government order

no.168-GAD of 2004 dated 09.02.2004 in terms of which it

was directed that all the adhoc appointments made in

various Government departments after 28.07.1989

onwards and incumbents who have continued in service till

9.2.2004 shall be converted into contractual appointments

w.e.f 1.2.2004 and contractual appointments shall subsist

till 31.12.2004 or till selection against these posts are made

by the concerned Selection Agencies, whichever is earlier. It

was provided in the aforesaid Government order that failure

of the adhocee to execute the agreement will result in

termination of their services. It was also provided th