Bilal Ahmad Sheikh vs FOREST ENVIRONMENT AND ECOLOGY DEPARTMENT on 3 November 2026

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, 05 (five) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicants seek the following reliefs:

a. Issue an order or direction, thereby commanding the respondents to issue regularisation orders under Clause VIII of the Government Order No. 155-FST of 2017, dated 20.06.2017, read with the Cabinet Decision No. 96/6/2017, dated 16.06.2017, and subsequent Government orders including Government order dated 15.09.2021.

b. Issue an order or direction, thereby directing the respondents to grant applicants all consequential benefits including pay scales, allowances, seniority, arrears and other benefits arising from the regularisation and the said

ABHISHEK PUNIA

benefits be granted to the Applicants from the date of completion of 5 years of continuous service.

c. Any other order or direction which this Hon'ble Tribunal may deem fit and proper in favour of the applicants and against the respondents same may be inconsonance with justice and equity.

3. What emerges from the pleadings made in the O.A. is that the applicants were engaged on 05.08.2017, 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, under Clauses III, IV and V, it provided conditions for stipend, mode of engagement of Rehbar-e-Janglat and eligibility. The same are reproduced in the O.A. As stated, upon the engagement of the applicants as Rehbar-e-Janglat, vide Forest order No. 63/2017, dated 28.08.2017, the applicants were allowed to join on a consolidated honorarium of Rs. 5,000/- subject to the verification of their documents and were deployed to

ABHISHEK PUNIA

various Forest Divisions of District Kupwara and Baramulla issued by the office of Conservator of Forests, Kashmir North Circle, Sopore.

4. It is stated that the applicants were also directed to carry out the monitoring and inspections of works executed on the ground under different schemes viz. CAMPA, State/District CAPEX Budget 2020 (RFB/infrastructure) etc., and were also directed to identify the ground truthing of polygons of patches.

5. It is further stated that stated that the applicants, along with other similarly situated persons, through the All J&K Rehbar-e- Janglat Employees Association, approached the Ministry of Environment, Forests and Climate Change, Government of India, seeking modification of the policy governing their engagement so as to bring it at par with the Rehbar-e-Zirat Scheme and to subsequently delink their engagement from the post of Forest Guard. In this regard, the Ministry, vide communication dated 30.01.2020, requested respondent no. 2 to examine the matter in accordance with the extant Acts, Rules and Regulations and submit an Action Taken Report by 05.02.2020. Subsequently, vide

ABHISHEK PUNIA

communication dated 13.07.2020, respondent no. 1 was also requested to take necessary action in the matter and forward an Action Taken Report to the Hon'ble Minister.

6. It is stated that the applicants were also deputed by the respondents to various skill development and training programmes, in which they participated. Further, they were made members of various committees constituted for monitoring, evaluation and other allied activities relating to newly established plantation closures and were also assigned the task of conducting surveys in different Forest Blocks.

7. It is further stated that the applicants, from the very inception of their engagement, have been representing to the respondents for revision of the Rehbar-e-Janglat Policy, 2017, on the pattern of the Rehbar-e-Zirat Scheme, as envisaged under Cabinet Decision No. 96/6/2017 dated 16.06.2017. In this regard, they claim to have highlighted the similarities between the two schemes and sought parity in their service conditions. The comparative study is reproduced in the O.A. at Page 13.

8. The applicants, through their Association, also submitted

ABHISHEK PUNIA

representations to the Hon'ble Chief Minister and the Hon'ble Minister for Forest, Ecology and Environment Department, Government of Jammu and Kashmir, including a representation dated 18.11.2024.

9. Learned counsel for the applicants, Mr. Bilal Ahmad Malla, further contend that, having regard to the nature of duties discharged by them, their qualifications in the field of Forestry and their experience of more than nine years as Rehbar-e-Janglat, they are entitled to be regularised against the posts of Foresters rather than Forest Guards. He submits that the post of Forest Guard carries a lower pay scale, whereas persons engaged under the Rehbar-e-Zirat Scheme have been regularised against the posts of Village Extension Assistants in a higher pay band of Rs. 9,300– 34,800 with the applicable grade pay.

10. The grievance of the applicants is that despite repeated representations submitted individually and through their Association, the respondents have neither taken any decision thereon nor taken steps to bring the Rehbar-e-Janglat Policy at par with the Rehbar-e-Zirat Scheme. The applicants accordingly allege

ABHISHEK PUNIA

that the respondents have acted contrary to Cabinet Decision No. 96/6/2017 dated 16.06.2017, which, according to them, envisaged formulation of the Rehbar-e-Janglat Scheme on the pattern of the Rehbar-e-Zirat Scheme, and that Government Order No. 155-FST of 2017 dated 20.06.2017 does not give effect to the said Cabinet Decision. As stated, the respondents have neither suitably amended the policy nor regularised their services in terms of the aforesaid Government Order.

11. Heard.

12. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.

13. 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 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.

ABHISHEK PUNIA

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.

14. Accordingly, O.A. No. 1226/2026 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 03.11.2026

ABHISHEK PUNIA