CAT Directs J&K Forest Department to Decide Regularization Plea of Daily Wager Within Eight Weeks
Srinagar, May 12, KNT: 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 regularization claim of a retired daily wager who alleged that he continued in service for more than three decades without being regularized despite fulfilling eligibility conditions.
The direction was passed by CAT Member (Judicial) M.S. Latif while disposing of O.A. No. 492/2024 filed by Mohammad Maqbool Hajam, a resident of Pazalpora Bandipora, against the Union Territory of J&K and other Forest Department authorities.
According to the petition, the applicant was engaged as a daily wager in the Forest Department on November 30, 1993, and completed seven years of continuous service on November 30, 2000, which, he argued, made him eligible for regularization under the applicable service policy.
The petitioner who was represented by Advocate Bashir Ahmad Tak submitted before the Tribunal that despite rendering continuous service and repeatedly approaching the authorities for regularization, no final decision was taken in his case, whereas similarly placed employees had earlier been regularized following judicial intervention.
He sought retrospective regularization from November 30, 2000, along with pensionary benefits, consequential service benefits and arrears, contending that denial of regularization adversely affected his retiral entitlements after he superannuated on March 30, 2024.
The petition further referred to an inter-departmental communication dated September 18, 2018, indicating that posts of Helpers had been created for regularization of left-out daily rated workers and that the applicant’s name figured in the list prepared for consideration.
The Tribunal observed that despite several opportunities granted earlier, the respondents had failed to file a reply in the matter. During the hearing, Conservator of Forests Working Plan Circle Srinagar Vivek Verma appeared through virtual mode and informed the court that the applicant’s case would be considered in accordance with entitlement and merit.
Taking note of the submission, the Tribunal disposed of the plea with a direction to the respondents to examine and decide the applicant’s claim strictly in accordance with law by passing a speaking order within eight weeks.
The Tribunal also directed the authorities to consider earlier judicial pronouncements cited by the petitioner, including judgments delivered by the High Court of J&K and the Supreme Court in Jagoo versus Union of India and others, while examining the matter. However, the court clarified that it had not expressed any opinion on the merits of the case. [KNT]
