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ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.824/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1388/2020 by the Registry of this Tribunal.

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

a) Allow this writ petition of the petitioner

b) Issue Writ in the nature of Certiorari quashing the impugned Govt. Order No. 39-FST of 2017 dated 8-3-2017, issued by respondent no. 1

c) Issue Writ in the nature of Certiorari quashing the Govt. Order No. 75-FST of 2017 dated 30-03-2017 to the effect that the date of absorption of the petitioner has been reckoned as 29-06- 2000 instead of 22-11-1995 and the petitioner has been made to figure at S.No. 9 in the final seniority list.

d) Issue Writ in the nature of Mandamus commanding the respondents to place the petitioner at Sl.No.2 in the Final seniority list of Assistant Conservator of Forest above Sh.Rashid Yahya Naqash & below Sh Naseer Ahmed Kitchloo.

e) Pass such other appropriate order as facts of the case demand and this Hon'ble Court may deem just and proper in favour of the petitioner.

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

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a) The applicant, Saleem-ul-Haq, was initially serving as a Teacher in the Education Department. Vide Government Order No. 1691-Edu of 1995 dated 22.11.1995, his services were placed at the disposal of the Forest Department (Wildlife Protection Department) for adjustment against the post of Ecologist in his own pay and grade for a period of one year. At that stage, he continued to hold lien in his parent department and his placement was purely on deputation basis.

b) During the period of deputation, the applicant was deputed for short-term and specialized training courses in wildlife and forestry, including a Post Graduate Diploma in Wildlife Management at the Wildlife Institute of India, Dehradun. His deputation period was extended from time to time.

c) Subsequently, vide Government Order No. 245-FST of 2000 dated 29.06.2000, the applicant was permanently absorbed in the Wildlife Protection Department against the post of Ecologist in the pay scale of Rs. 7500-12000 (pre-revised), with immediate effect. Thereafter, his lien in the Education

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Department was terminated vide Government Order No. 1418-Edu of 2002 dated 12.12.2002.

d) The applicant claims that since he had been working as Ecologist from 22.11.1995 and his lien was ultimately terminated with effect from the date of his transfer, his absorption ought to have been reckoned from 22.11.1995 instead of 29.06.2000. He made representations seeking retrospective absorption and seniority from 1995.

e) Earlier, he had approached the Hon’ble High Court by filing SWP No. 1740/2005, wherein directions were issued to determine his seniority. Thereafter, a tentative and later final seniority list of Ecologists was issued, wherein his date of absorption was reflected as 29.06.2000.

f) In the year 2016, pursuant to Government Order No. 202-FST of 2016 dated 02.08.2016, the posts of Assistant Wildlife Warden and equivalent posts including Ecologist were re- designated as Assistant Conservator of Forest (Wildlife). A fresh seniority list of Assistant Conservator of Forests

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(Wildlife) was issued, wherein the applicant was placed at Serial No. 9, reckoning his absorption from 29.06.2000.

g) The applicant submitted objections contending that his absorption should be treated from 22.11.1995 and that he ought to be placed above certain private respondents. However, vide Government Order No. 39-FST of 2017 dated 08.03.2017, some of the private respondents were placed as In-charge Deputy Conservator of Forests (Wildlife). Thereafter, vide Government Order N