SRINAGAR: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Jammu and Kashmir Forest Department to take a final decision within eight weeks on the regularisation claim of a retired daily wager who alleged that he served for over three decades without being regularised despite meeting eligibility conditions.
The direction was issued by CAT Member (Judicial) MS Latif while disposing of O.A. No. 492/2024 filed by Mohammad Maqbool Hajam, a resident of Pazalpora, Bandipora, against the Union Territory of Jammu and Kashmir and Forest Department authorities.
According to the petition, the applicant was engaged as a daily wager in the Forest Department on 30 November 1993 and completed seven years of continuous service on November 30, 2000, which he claimed made him eligible for regularisation under the applicable service policy.
Represented by Advocate Bashir Ahmad Tak, the petitioner submitted that despite continuous service and repeated representations to the authorities, no final decision had been taken in his case. He further contended that similarly placed employees had earlier been regularised following judicial intervention.
He sought retrospective regularisation from November 30, 2000 along with pensionary benefits, consequential service benefits and arrears, stating that denial of regularisation had adversely affected his retiral entitlements after his superannuation on March 30, 2024.
The petition also referred to an inter-departmental communication dated September 18, 2018 indicating that posts of Helpers had been created for regularisation of left-out daily rated workers and that the applicant’s name featured in the list prepared for consideration.
The Tribunal noted that despite several opportunities, the respondents had failed to file a reply. During the hearing, Conservator of Forests, Working Plan Circle Srinagar, Vivek Verma, appeared virtually and informed the court that the applicant’s case would be considered on merit in accordance with his entitlement.
Taking note of the submission, the Tribunal disposed of the plea with a direction to the respondents to examine and decide the claim in accordance with law by passing a speaking order within eight weeks.
It also directed the authorities to consider relevant judicial precedents cited by the petitioner, including judgments of the High Court of Jammu and Kashmir and the Supreme Court in Jagoo versus Union of India and others, while examining the matter. The Tribunal, however, clarified that it had not expressed any opinion on the merits of the case. (KNT)
