CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3226/2020 Reserved on: - 02.09.2025 Pronounced on: - 12.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Harjinder Singh, age 36 years. S/o Sh.Charan Singh, R/o Sec-7, Street

16, Nanak Nagar, Jammu.

…Applicant (Advocate: - Mr. C.S. Azad Versus

1. State of Jammu and Kashmir, Through Principal Secretary to Govt., Forest Department, J&K Govt.,Civil Secretariat, Jammu.

2. Commissioner/Secretary, Forest Department, J&K Govt., Civil Secretariat, Jammu.

3. Principal Chief Conservator Forest, Van Bhawan, Jammu.

4. Commissioner/Secretary, General; Administration Department, J&K Govt., Civil Secretariat, Jammu.

5. Divisional Forest Officer, Jammu Forest Division, Dogra Hall, Jammu.

6. Sanjeewan Singh Bhadwal, S/o Shri Balwan Singh Badhwal, R/o Village Rampur, Tehsil Billawar, District Kathua.

7.Tasleem Arif, S/o Malik Gulam Hyder, R/o Lowang Bani, Tehsil Basoli, District Kathua. …Respondents (Advocate:- Mr. Sudesh Magotra, ld. AAG ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.873/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3226/2020 by the Registry of this Tribunal.

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

I) Certiorari quashing the impugned Govt. order No. 1136-GAD of

2001 dated 03-10-2011, by virtue of which the Respondent No. 5 has been appointed as Forester in Forest Department and impugned Govt. order No. 1312 -GAD of 2002 dated 02-08- 2002, by virtue of which the Respondent No. 6 has been appointed as Forester in Forest Department, ignoring the preferential eligible right and claim of the petitioner;

II) Certiorari quashing the impugned Govt. order Notification No.34 issued by the Director (Code), Finance Department, J&K Govt. order No. DC/ES/Misc-113/2013 dated 30-08-2013 to the extent the services of the Respondent No. 5 have been regularized and he has been permanently absorbed on the post of Forester in Forest Department and also the impugned Govt. Order No. 514 -FST of 2012 dated 31-12-2012 to the extent the services of the Respondent No. 6 have been regularized and he has been permanently absorbed on the post of Forester in Forest Department.

OR in the alternative issue a writ in the nature of mandamus directing the Respondent/State to consider the case of the Petitioner for his appointment to the post of Forester in the Forest Department of Govt. of J&K hand giving him further regularization on the said post as has been done in the case of the Respondents No. 5 and 6 w.e.f. from the date the respondent No. 5, 6 have been appointed with all consequential benefits.

Any other writ, order or direction which Your Lordship may deem just and proper in the facts and circumstances of the case may also kindly be issued in favour of the Petitioner and against the Respondents.

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

a) The present Transfer Application arises out of SWP No.

873/2017 which was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and was registered as T.A.

No. 3226/2020.

b) The applicant, Harjinder Singh, is a resident of Jammu and claims to possess the requisite educational qualification for appointment to the post of Forester in the Forest Department. According to the applicant, he passed the 10+2 examination with science subjects and thereafter completed graduation from the University of Jammu. He asserts that under the Jammu and Kashmir Forest (Subordinate) Service Recruitment Rules, 1991 issued vide SRO 335 of 1991 dated 28.11.1991, the minimum qualification prescribed for the post of Forester is 10+2 with science subjects. On the strength of this qualification, the applicant claims that he was fully eligible to be con