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Despite HC order, forest employee not regularised
8/30/2014 12:15:26 AM

Bivek Mathur
JAMMU, Aug 29: Despite a High Court order, an forest employee, who is serving the department for the past 20 years, has not been regularised in his parent department.
Ghulam Mohi-ud-Din joined as class- IV employee (Mali) in Forest Department on ad hoc basis vide Conservator of Forest Chenab circle Jammu F.O. Number 37 of 1994 issued under endsst number 1455/CFC dated 07.12.1994.
The case further reads that he submitted his joining report on 29.12.1994 which was not entertained by then DFO Doda and the matter had been referred to the CCF Jammu vide his office number 2333 dated 29.121994 for a piece of advice whether the appointee could be allowed to join or not?
The appointee was then directed to approach the appointing authority for adjustment. He then filed a petition (607/95) in the state High Court. In the interim order on 1/06/1995, the court directed that status quo be maintained till objections are filed by other side are considered.
The objections to be filed before the High Court were submitted to the Chief Conservator of Jammu vide No 505 dated 15/06/1995. The Chief Conservator of Forests, Jammu vide No 3278-79 dated 9.07.1995 issued directions to the DFO Doda which inter-alia read as "The court order dated 1.06.1995 in case of appointment order issued by the Conservator of Forests Chenab under Forest order number 37 dated 07.12.1994 be implemented and compliance report be submitted which was submitted by the DFO to the Chief Conservator of Forest Jammu.
The chronology of the whole case as submitted by the DFO Forest Division Doda reads as: "The appointee was working as Mali purely on ad-hoc basis from 29/12/1994, pursuant to the orders dated 01/06/1995 passed by the High Court in the SWP No 607/95 of 1995. No annual increment and service benefits have been provided to him. It shall be in relevance of the things to report here that the official has undergone orientation training course at Forest Guards Training School Dhoomi (Akhnoor) during 2004-05 session.
The case further reads that the appointee has been fighting a long drawn legal battle of 15 years, as a result of which he has been rendered ineligible and overaged for appointment to any other government service at this point of time.
The genesis of the case demands that it shall be in line with the principles of natural justice that the instant case for regularization is considered retrospectively with effect from 29.12.1994 i.e. the date of joining in pursuance to Forest order no 37 of 1994 dated 7.12.1994 issued by the conservator of Forest, Chenab circle Jammu along with all consequentional service benefits.
Pursuant to it, the Principal Chief Conservator of Forest wrote to the Secretary to Government, Forest Department, Civil Secretariat, Jammu with number PCCF/NG/435/711 dated 07.03.2014 for the appointment case of Ghulam Mohi-ud-Din Mallik."It is to submit that Atiq Ullah Suharwardy, the then Conservator of Forests, Chenab Circle Jammu had issued appointment order in favour of the said employee in Doda Forest Division and as the officer has since retired from service and hence it is, as such requested that further instructions may kindly be issued in the matter," he added.
According to the employee, the files have been forwarded from the Secretary to Government, Forest Department, Civil Secretariat Jammu to the Finance department with number 01.04.2014 but till date the matter is pending and he is forced to get about half of the salary he actually deserves.
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