RIYAZ AHMAD MALIK vs UTS JAMMU AND KASHMIR

O.A. No. 1163 of 2026
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1163 OF 2026
th
(Srinagar, 26 day of October 2026)

C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Riyaz Ahmad Malik age 48 years S/o Bashir Ahmad Malik R/o
Malik Gund Shopian District Shopian Pin code 192303 Phone
No. 9906611700
2. Aijaz Ahmad Lone age 45 years S/o Abul Majeed Lone R/o
Lajurah District Pulwama Pin Code 192301 Phone No.
8825065682
3. Sheikh Vaseek Shafi age 45 years S/o Mohammad Shafi Sheikh
R/o Doda near Treasury office District Doda Pin Code 182202
Phone No.9906194933
4. Mir Irfan Anayat age 43 years S/o Anayat Allah Mir R/o Lajurah
Pulwama District Pulwama Pin Code 192301 Phone No.
9797923829
5. Irfan Muzamil Hafeez age 42 years S/o Hafeez Ullah R/o Koil
Pulwama District Pulwama Pin Code 192301 Phone No
9797849159
6. Suriya Mohammad age 44 years D/o Ghulam Mohammad Mir
R/o Dangerpora Shadimarg District Pulwama Pin Code 192306
Phone No. 9622572958

7. Raiees Ahmad Jan age 43 years S/o Abdul Majeed Dar R/o Trich
District Pulwama Pin Code 192304 Phone No. 6005901348
8. Shabir Ahmad Shabir age 52 years S/o Late Abdul Salam
Khanday R/O Barsoo Awantipora District Pulwama Pin Code
192122 Phone No. 9906471393
9. Shaikh Shaida Gous Sheikh Shah age 37 years S/o Shaikh
Mohammad Afzal Shaikh Shah R/o Qasbayar, Rajpora District
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA

O.A. No. 1163 of 2026
[2]
Pulwama Pin Code 192306 Phone No.9596555442

10. Jawaid Ahmad Malik age 47 years S/o Bashir Ahmad Malik R/o
Malik Gund District Shopian Pin Code 192303 Phone No.
9858332014
............ Applicant(s).

By Advocate : - Mr. Mir Manzoor Ahmad.

Versus


1. Union Territory of Jammu and Kashmir through
Commissioner/ Secretary to Government Forest, Ecology
and Environment Department Civil Secretariat Srinagar/
Jammu Pin Code 190001.

2. Principal Chief Conservator of Forests J&K, Srinagar/Jammu
Pin Code 190001
......... Official Respondents.

By Advocate : - Mr. Rais ud din Ganaie, DAG.


ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicants seek
the following reliefs:
a. Issue an appropriate order or direction commanding the
respondents to consider and finalize the cases of the
applicants for absorption/regularization of their services
under the Rehbare-Janglat Policy notified vide
Government Order No. 155-FST of 2017 dated 20.06.2017,
read with Cabinet Decision No. 96/6/2017 dated
16.06.2017, Forest Order No. 789 of 2017 dated
05.08.2017 and the subsequent Government Orders,
including Government Order dated 15.09.2021, whereby
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA

O.A. No. 1163 of 2026
[3]
234 supernumerary Forest Guard posts were sanctioned
for setting off against the vacancies accrued in the
Department;

b. Issue an appropriate direction commanding the
respondents to undertake a comprehensive applicant-wise
exercise by verifying the applicants' engagement records,
qualifications, satisfactory and continuous service,
weightage, inter-se seniority and eligibility under the
Rehbar-e-Janglat Policy and to consider their cases against
the substantive/vacant posts as per qualification and
merit in the Forest Department in terms of the aforesaid
Government Orders;
c. Issue a further direction to the respondents to consider
and decide the representations submitted by the
applicants from time to time seeking implementation of
the Rehbar-e-Janglat Policy and regularization/absorption
of their services, by passing a reasoned and speaking order
within a fixed period, preferably within a period of four
weeks from the date a copy of the order passed by this
Hon'ble Tribunal is served upon the respondents;
d. Direct the respondents to extend to the applicants all
consequential service benefits, including appropriate pay
fixation, seniority and other benefits admissible under the
applicable rules and policy, from the date from which the
applicants are found legally entitled thereto;

e. Direct the respondents to produce before this Hon'ble
Tribunal the complete record relating to the
implementation of the Rehbar-e-Janglat Policy, including
the creation of 333 additional Forest Guard posts, the
engagement of the applicants, the preparation of the
inter-se seniority/weightage list, identification of
vacancies and the setting off/adjustment of 234
supernumerary Forest Guard posts pursuant to
Government Order dated 15.09.2021, so that the
applicants' entitlement may be determined transparently
and objectively;
f. Pass any other or further order or direction which this
Hon'ble Tribunal may deem just, proper and appropriate
in the facts and circumstances of the case, in the interest
of justice.

Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
2. What emerges from the pleadings made in the O.A. is that

O.A. No. 1163 of 2026
[4]
the applicants were engaged under the Rehbar-e-Janglat
Scheme/Policy formulated by the Government of Jammu &
Kashmir for engagement of unemployed Forestry Graduates, Post-
Graduates and DDR-trained candidates. The scheme was approved
pursuant to Cabinet Decision No. 96/6/2017 dated 16.06.2017 and
notified vide Government Order No. 155-FST of 2017 dated
20.06.2017, whereby, 333 additional posts of Forest Guards were
also created.

3. It is stated that the policy prescribed the eligibility, selection,
engagement, deployment, job profile and payment of consolidated
remuneration of Rehbar-e-Janglat personnel and also
contemplated their regularization against posts of Forest Guards
upon completion of five years of satisfactory and continuous
service. Pursuant thereto, the Chief Conservator of Forests,
Kashmir, issued Forest Order whereby the applicants and other
candidates were engaged by the competent Forest authorities as
Rehbar-e-Janglat on consolidated remuneration of Rs. 5,000/- per
month against supernumerary/additional Forest Guard posts. As
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
stated, the engagement orders also provided that the

O.A. No. 1163 of 2026
[5]
supernumerary/additional posts would cease to exist upon
availability of substantive Forest Guard posts for their absorption
as envisaged in the policy.
4. It is further averred that the endorsement accompanying
the aforesaid Forest Order recorded that the qualifications of the
engaged candidates were to be assessed for determining the
weightage secured by them, which would form the basis for
preparation of their inter-se seniority for future absorption against
substantive vacancies in accordance with the policy approved by
the Cabinet. It is stated the Government identified substantive
vacancies of Forest Guards, and thereafter, a Government Order
No. 99-JK(FST) of 2021 dated 15.09.2021 was issued, whereby
sanction was accorded for setting off of 234 supernumerary Forest
Guard posts against vacancies which had accrued due to
retirements and other reasons. The applicants submit that they
have since continued to discharge duties assigned by the Forest
Department and/or its allied wings and have acquired considerable
experience in the protection and management of forest resources.
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
5. As stated, the said Government Order dated 15.09.2021

O.A. No. 1163 of 2026
[6]
contained a district-wise and wing-wise breakup of the
vacancies/posts, including posts pertaining to Anantnag,
Baramulla, Budgam, Bandipora, Ganderbal, Srinagar, Shopian and
Kupwara, besides the other wings of the Forest Department. The
Principal Chief Conservator of Forests wing alone accounted for
147 posts, while the total number of posts set off under the
concerned wings was stated to be 234, including posts under the
Principal Chief Conservator of Forests, Chief Wildlife Warden and
Forest Protection Force.

6. Learned counsel for the applicants, Mr. Mir Manzoor
Ahmad, contended that the aforesaid policy framework, creation
of posts and subsequent identification of vacancies demonstrate
that the Rehbar-e-Janglat Scheme was not intended to be a purely
temporary engagement, but contemplated regularization of
eligible candidates against Forest Guard vacancies. He further
contended that the engagement of the applicants along with their
continued service, therefore, to be considered in the context of the
complete policy framework, rather than by treating their initial
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
engagement as a temporary arrangement.

O.A. No. 1163 of 2026
[7]

7. It is further submitted that, despite the applicants having
continued to render service for a considerable period and the
Government having consciously provided that persons engaged
under the scheme would be regularized against vacancies falling
vacant during the period contemplated by the policy. It is added
that such continued uncertainty is contrary to the object of the
Rehbar-e-Janglat Policy, under which persons engaged pursuant
thereto were to be considered for regularization against vacancies
arising during the period contemplated by the policy.

8. The applicants submit that they do not seek regularization
of an appointment made dehors the rules or through any
unauthorized or backdoor method. However, their claim, as
projected, is for implementation of the very Government policy
under which they were engaged and consideration of their cases
against the posts/vacancies which the Government itself
contemplated for the purpose of regularization. They accordingly
seek enforcement of the policy framework and a lawful, objective
and time-bound consideration of their individual cases in
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
accordance with the eligibility conditions and other requirements

O.A. No. 1163 of 2026
[8]
prescribed by the competent authority.

9. It is stated that the applicants have continued to discharge
their duties and the respondents have been utilizing their services
for public purposes, while the corresponding benefit of
regularization contemplated under the policy has not been
extended to them. As stated, the delay in identifying vacancies,
allocating posts and issuing regularization orders is an
administrative matter beyond the control of the applicants and the
same shall not operate to their prejudice. It is further added that at
the very least, the respondents are required to verify the
applicants’ engagement records, qualifications, period of service,
eligibility and availability of posts/vacancies, followed by passing of
a speaking order by the competent authority.
10. In all, the grievance as projected by the applicants is that
despite their engagement under the Rehbar-e-Janglat Policy, their
continued service there under, the creation of 333 additional
Forest Guard posts and the subsequent setting off of 234
supernumerary Forest Guard posts against available vacancies,
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
their cases for regularization have not been finalized. The

O.A. No. 1163 of 2026
[9]
applicants accordingly seek a direction upon the respondents to
consider their cases for regularization in accordance with the
applicable policy, the rules and the Government Orders issued
from time to time as also to extend consequential benefits to them
if found entitled upon such consideration.
11. To substantiate his arguments, learned counsel for the
applicants has relied upon the judgment passed by the Hon’ble
Supreme Court of India in the case titled as Rupesh R. Gaonkar &
Ors. v. State of Goa & Ors., 2026 Legal Eagle (SC) 904, and submits
that the case of the applicants is squarely covered by the said
judgment .

12. Heard.

13. At the request of learned counsel for the applicants, the
O.A. is taken up for its disposal.
14. The O.A. is disposed of by providing that the respondents
shall treat this O.A. as a representation along with all the additional
representations filed by the applicants, who shall consider and
decide the case of the applicants in accordance with law, the
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
applicable rules and policy governing the field. The respondents

O.A. No. 1163 of 2026
[10]
while deciding the case of the applicants shall also take note of the
policy notified vide Govt. Order No. 155-FST of 2017 along with the
subsequent orders issued by the Government from time to time.
The respondents shall also take note of the judgment mentioned
above and shall grant the benefit in favour of the applicants, if they
are squarely covered by the judgment and there is no legal
impediment. The above exercise shall be done by passing a
speaking and reasoned order, keeping in view the merits and
entitlements/eligibility of the applicants, preferably within a period
of 08 (eight) weeks from the date a certified copy of this Order is
served upon the respondents. Needless to mention that this Court
has not expressed any opinion on the merits or otherwise of the
case.
15. Accordingly, O.A. No. 1163/2026 is disposed of along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M. S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
26.10.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal
Srinagar Bench, OU=Department of Personnel And Training, ST=Jammu
And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b75
6eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b2
5a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.28 13:57:36+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA