01Facts
The applicants were engaged as Rehbar-e-Janglat under the policy notified by Government Order No. 155-FST of 2017, which contemplated consideration for regularization against Forest Guard posts after five years of satisfactory and continuous service
¶ 2–3The applicants relied on the creation of 333 additional posts and a 2021 Government Order setting off 234 supernumerary Forest Guard posts against vacancies, and sought consideration of their individual eligibility and claims for regularization
¶ 4–10They also relied on Rupesh R. Gaonkar & Ors. v. State of Goa & Ors., 2026 Legal Eagle (SC) 904
¶ 11At the applicants’ counsel’s request, the Tribunal took up the O.A. for disposal
¶ 1302Issues
i.1. Whether the respondents should be directed to consider the applicants’ claims for regularization under the Rehbar-e-Janglat policy and subsequent Government Orders
¶ 10, 14ii.2. Whether the respondents should consider the cited Supreme Court judgment and determine whether the applicants are entitled to its benefit
¶ 11, 1403Law Applied
The Tribunal referred to the Rehbar-e-Janglat policy notified by Government Order No. 155-FST of 2017 and subsequent Government orders as the governing framework for consideration of the applicants’ claims
¶ 14It also directed the respondents to take note of Rupesh R. Gaonkar & Ors. v. State of Goa & Ors., 2026 Legal Eagle (SC) 904, and extend its benefit if the applicants are squarely covered and no legal impediment exists
¶ 11, 1404Reasoning
The Tribunal did not adjudicate whether the applicants met the policy’s eligibility requirements or were entitled to regularization.
¶ 14Instead, it directed the respondents to assess their merits and eligibility under the applicable rules and policy, consider the 2017 Government Order and subsequent orders, and address the cited Supreme Court judgment in that assessment
¶ 14It expressly left the merits open.
¶ 1405Holding
The O.A. was disposed of by directing the respondents to treat it, together with the applicants’ additional representations, as a representation and decide their claims by a speaking and reasoned order, preferably within eight weeks after service of a certified copy of the order
¶ 14Any benefit under the cited Supreme Court judgment is conditional on the applicants being squarely covered and there being no legal impediment; the Tribunal expressed no opinion on the merits.
¶ 14Original Court PDF
RIYAZ AHMAD MALIKvsUTS JAMMU AND KASHMIR
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