CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED ON 01.05.20255)

JAMMU BENCH, JAMMU Hearing through video conferencing Transfer Application No.61/4496/2020 Pronounced on: - This the 17.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Sh. Shahi Jahan Age 45 years S/o Sh. Mohd Yousef Daing R/o Village Neel Nihal, Tehsil Banihal District, Ramban

2. Sh. Mohd. Iqbal Tantry Age 45 years, S/o Late Sh. Lassu Tantry, R/o Village Krawa, Tehsil Banihal District, Ramban

3. Sh. Mohd Shafi, age 33 years, S/o Sh. Abdul Kabir Wani, R/o Village Asher Tehsil Banihal District Ramban ....Applicants (Through Advocate: MR K S Thakur)

VERSUS

1. State of Jammu & Kashmir through It Commissioner-cum-Secretary, Forest Department, Civl Sectt. Jammu.

2. Director, Department of Social Forestry, Talab Tillo, Jammu.

3. Regional Director, Department of Social Forestry, Talab Tillo, Jammu.

4. Divisional Forest Officer, Social Forestry Division, Ramban ….Respondents (Through Advocate: Mr. Sudesh Magotra, learned A.A.G.)

O R D E R Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1155/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/4496/2020 by the Registry of this Tribunal. 2. The present matter was filed before the Hon’ble High Court with following prayer:

“It is, therefore, respectfully prayed that writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of certiorari quashing SF Order No. 33 of 2018 dated 26.03.2018, whereby the claim of the petitioners for regularization in terms of SRO 64 of 1994 and SRO 520 of 2017 has been rejected.

With A further writ of mandamus commanding the respondents to regularize the services of the petitioners on permanent basis against class-iv post with all consequential benefits.

Costs of the petition with 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 passed in favour of the petitioners.”

3. The facts of the case as averred by the applicants in their pleadings are as follows:

a) That the Social Forestry Department has created a huge closure in village Chamalwas (shalgadi). The petitioner no. 1 was engaged as daily wager in order to look after and maintain the said closure w.e.f. 01.04.1994. That similarly, petitioner no. 2 and 3 were appointed/engaged as daily wager to look after and maintain the Nursery at Bankote w.e.f. 1.5.2000. The petitioners were performing their duties as daily wagers continuously and without any interruption and they have been paid the wages on daily rated basis prescribed by the Govt. from time to time.

b) On 6.11.2001 Govt. issued an order stating that all the ad hoc employees who have completed 07 years of service should be regularized. The said order has been treated as modification of SRO 64 of 1994.

c) The respondents stopped the wages of the petitioners along with other employees who were engaged after 1.4.1994 in pursuance of the order issued by the Govt. dated 2.2.2001. Some writ petitions were filed before the Hon'ble High Court against the order dated 2.2.2001 which were disposed of vide a common judgment dated 31.12.2001. In that order it was held that those persons who were engaged after 31.1.1994 were not entitled to regularization. LPAs were filed before the Division Bench which were disposed of vide judgment dated 26.7.2002. It has been held there that even those employees who have been engaged after 31.1.1994 were entitled to be considered by takin into consideration the Govt. order dated 6.11.2001.

d) Against the said judgment the State filed an appeal (State of J&K and Ors. -vs- Balbir Singh & Ors.) which was decided by the Hon'ble Supreme Court vide order dated 3.5.2006. It was held by the Hon’ble Supreme Court that the Constitution Bench judgment in Secretary State of Karnataka -vs- Uma Devi & Ors. was not applicable. It w