Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Miscellaneous Application No. 515 of 2025 in Original Application No. 61/1082/2024 This the 12th day of June, 2025 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1. Hasham Din, Age 44 years, S/o Ismail, R/o Village Allni, Gangota, Tehsil Gandoh, District Doda.

...Applicant (Through Advocate: Mr. Sudershan Sharma)

Versus

1. UT of J&K through Commissioner/Secretary, Forest Department, J&K Government, Civil Secretariat, Jammu.

2. Chief Conservator of Forests, Jammu.

3. Conservator Forests, Chenab Circle, Doda.

4. Divisional Forest Officer, Bhaderah (Through Advocate: Mr. Sudesh Magotra, A.A.G.)

O R D E R (Per:- Sanjeev Gupta, Judicial Member)

Miscellaneous Delay Condonation (M.A. No. 515 of 2025)

The applicant has filed the instant M.A. seeking condonation of delay in filing Original Application No. 1082 of 2024, wherein the applicant has challenged the impugned order dated 15.12.2020, whereby the case of the applicant for regularization of his services has been rejected.

2. Mr. Sudershan Sharma, learned counsel for the applicant stated that the applicant being a Daily Wager with limited financial means, was unable to arrange necessary funds, to approach this Tribunal in time. The delay on the part of the applicant is neither intentional nor deliberate, as such, he prays that the M.A. may be allowed and delay in filing the Original Application be condoned.

3. On the other hand, Mr. Sudesh Magotra, learned A.A.G. stated that sufficient cause has not been shown in the delay condonation application for approaching this Tribunal belatedly, as such, both the M.A. as well as the Original Application be dismissed.

4. Heard the learned counsels for the parties.

5. From the perusal of record, it transpires that the applicant was engaged as Daily Wager in the year 2004 by the respondents for watch and ward duty and posted in Bhaderwah Forest Division. After rendering services for about thirteen years, the applicant approached the respondents for regularization of his services, however, when no positive action was taken by the respondents, he filed SWP No. 2927 of 2017 before the Hon’ble High Court of Jammu & Kashmir seeking directions to respondents to regularize his services in terms of Jammu and Kashmir Civil Services (Special Provisions) Act 2010 on the same analogy as was adopted in the case of his juniors. The said Writ Petition came to be disposed of by the Hon’ble High Court vide order dated 09.02.2018 with liberty to the applicant to make a representation and the respondents were directed to consider that representation and decide the same preferably before 06.04.2018. When this order was not complied with by the respondents, the applicant again approached the Hon’ble High Court by filing Contempt Petition No. 635 of 2018, wherein the respondents filed Compliance Report stating therein that the case of the applicant was considered and rejected vide order dated 15.12.2020. Accordingly, the Contempt Petition was closed with liberty to the applicant to assail the aforesaid order dated 15.12.2020. As is evident, the applicant has chosen to assail the order dated 15.12.2020 before this Tribunal only in the year

2024, to be exact on 26.09.2024.

6. This Tribunal is governed by the provisions of Administrative Tribunals Act, 1985. Section of the Act ibid, which relates to limitation, provides as under:-

“21. Limitation –

(1) A Tribunal shall not admit an application, (a) in a case where a final order such as is mentioned in clause (a) of subsection (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;

(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub- section (2) of section 20 has been made and a period of six months had expired thereafter without such final order havin