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| Regularization of Forest employees: State files 3 appeals | | | Jammu, February 16
A Division Bench of J&K High Court, Jammu wing comprising Chief Justice BA Khan and Justice JP Singh allowed three appeals filed by the state of J&K against a judgment passed by the Single Judge on July 26, 2002 directing Forest department to consider the claims of the present respondents for regularization in service besides release of their salary within a period of one month.
According to the facts that the present respondents had filed petition in the High Court which were disposed of with a direction to the state to treat the writ petitions as representation for consideration of their cases in terms of various standing orders and policy decisions. The Chief Conservator of Forest Projects, Director, State Forestry J&K and DFO, Social Forestry Division Doda engaged the respondents as closures in social forestry department from 1990 onward as casual daily laborers for carrying out the works of drought prone area project agency which was a time bound project as per the statement of the forest department.
The judgment written by Justice JP Singh for the Division Bench after hearing Dy AG Vinod Bakshi appearing for the state and Advocate MP Sharma appearing for the respondents observed that a daily rated worker is required to prove that he had been engaged for rendering casual services continuously for the period prescribed under the regularization rules. The material placed on record by the respondents does not satisfy this requirement, as held by the DB.
The records on the other hand demonstrates that the respondents had been engaged under DPAP Scheme which had since came to an end.
In this view the DB do not find the respondents to have established that they had been engaged by a Govt Department to render casual services to the department and were entitled regularization under rules.
The Single Judge has erred in allowing the writ petitions and issuing directions which have been challenged in these appeals, DB while allowing these appeals set-aside the impugned judgment dated July 26, 2002 passed by the Single Judge and dismissed writ petitions with any order as to costs.
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