Srinagar, Oct 11: The Central Administrative Tribunal (CAT) here has directed the Government to consider and decide the regularisation claims of 12 Rehbar-e-Janglat workers in accordance with the applicable policy, rules and government orders.
A bench comprising Judicial Member, M S Latif and Administrative Member, Prasant Kumar called for deciding on the issue preferably within eight weeks. The tribunal issued the direction in response to the workers’ plea against the administration through the Forest, Ecology and Environment Department and the Principal Chief Conservator of Forests, J&K.
The applicants had sought consideration of their cases for absorption and regularisation under the Rehbar-e-Janglat Policy notified through Government Order No. 155-FST of 2017, dated June 20, 2017, along with subsequent government orders.
Their contention was that the policy, approved pursuant to Cabinet Decision No 96/6/2017 dated June 16, 2017, provided for the engagement of unemployed forestry graduates, postgraduates and DDR-trained candidates.
They also submitted that the policy also envisaged the creation of 333 additional Forest Guard posts and contemplated regularisation of eligible personnel against substantive vacancies after five years of satisfactory and continuous service.
The aggrieved applicants argued that they were engaged under the scheme on a consolidated monthly remuneration of Rs 5,000 and had continued to discharge their duties in the Forest Department and its allied wings.
They submitted that the government subsequently issued Order No 99-JK(FST) of 2021 on September 15, 2021, sanctioning the adjustment of 234 supernumerary Forest Guard posts against vacancies that had arisen due to retirements and other reasons.
Furthermore, the applicants contended that despite their continued service and the identification of vacancies, their cases for regularisation had not been finalised.
They sought an applicant-wise assessment of their engagement records, qualifications, service period, eligibility, weightage and inter-se seniority, besides consideration against available substantive posts.
After hearing the matter, the tribunal directed the authorities to treat the original application, along with the additional representations submitted by the applicants, as a representation and decide their cases in accordance with law.
The bench specifically directed the authorities to take into account the Rehbar-e-Janglat Policy notified in 2017, subsequent government orders and the Supreme Court judgment cited by the applicants. The benefit should be extended if the applicants were squarely covered by the judgment and there was no legal impediment, it said.
About The Author
