RIYAZ AHMAD MALIK vs UTS JAMMU AND KASHMIR on 26 October 2026

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

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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.

2. What emerges from the pleadings made in the O.A. is that

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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 stated, the engagement orders also provided that the

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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.

5. As stated, the said Government Order dated 15.09.2021

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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 engagement as a temporary arrangement.

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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 accordance with the eligibility conditions and other requirements

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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, their cases for regularization have not been finalized. The

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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 applicable rules and policy governing the field. The respondents

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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

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