CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3705/2020 Reserved on: - 15.10.2025 Pronounced on: - 18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Raj Kumar aged 44 years S/o Shri Nanak Chand R/o Peerah, Ramban.

…Applicant (Advocate: - Mr. M.P. Sharma)

Versus

1. Union Territory of J&K through Commissioner/Secretary to Government, Forest Department, Civil Sectt. Jammu.

2. The Principal Chief Conservator of Forests, Forest Department, Jammu.

3. The Chief Conservator of Forests, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4495/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3705/2020 by the Registry of this Tribunal.

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

a) To induct the petitioner at S.No:11 in the final seniority list of Deputy Forester (Division Cadre) of Jammu Province as on May, 31st. 2013.

b) To induct the petitioner at S.No:4 in the final seniority list of Deputy Foresters (Division Cadre) of Jammu province as on August, 31st, 2018 by substituting the name of Deputy Forester figuring at S.No:4.

c) To promote the petitioner against the post of Forester w.e.f.

June, 29th, 2013 with all monitory and consequential benefits.

d) To induct the name of the petitioner at S.No:373 in the revised tentative seniority list of Forester as stood on Jan. 1st, 2019 by making rectification in the circular with regard the final seniority list by the respondents.

e) To issue any other appropriate writ order or direction which your lordship deem fit in the present set of circumstances of the case.

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

a) The applicant is a permanent resident of the Union Territory of Jammu and Kashmir and has been serving in the Forest Department for more than two decades. He was initially engaged as a daily wager and was subsequently regularised as Helper/Orderly in Batote Forest Division in terms of Government Order No. 589-FST of 2007 dated 29.11.2007 read with SRO-64 of 1994. By virtue of Forest Order No. 398 of 2007 dated 12.12.2007, the applicant stood regularised retrospectively with effect from 01.04.2001.

b) After issuance of Government Order No. 257-F of 2008, whereby the posts of Helpers were inducted into the regular hierarchy, the applicant sought adjustment and further promotional avenues in accordance with the applicable recruitment rules. His case was duly recommended by the Divisional Forest Officer, Batote Forest Division, and thereafter by the Conservator of Forests, Chenab Circle, Doda, for adjustment and promotion in the appropriate cadre.

c) Pending consideration of these recommendations, the Government issued Order No. 213-FST of 2015 dated

19.08.2015, re-designating the posts of Helpers in the Forest Department. In pursuance thereof, and on the basis of departmental recommendations, the applicant was adjusted and promoted as Forest Guard in his own pay and grade vide order dated 21.11.2017, and was thereafter promoted as Deputy Forester notionally with effect from December, 2010, i.e., the date when his counterparts were promoted.

d) Consequent upon his promotion, the applicant was deputed for KFC training at Soil Conservation Training School, Miran Sahib, during the session 2018-19. He successfully completed the training and was relieved on 11.06.2019, whereafter he joined back at Batote Forest Division as Deputy Forester on

12.06.2019.

e) While the applicant was undergoing training, tentative seniority lists of non-gazetted staff were circulated by the respondents. The applicant’s name, despite his notional promotion as Deputy Forester with effect from December, 2010, was not reflected at the appropriate place. The tentative lists were later finalised without prope