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| Forest deptt: Mother of all controversies | | HC issues notice on charges of regional discrimination | | Early Times Reporter
Jammu | Feb 11
The controversies are in no mood to bid an adieu to the Forest department. The latest in the series involve the connotations of regional discrimination –the High Court had issued notice to the government in a petition which says that adhoc appointees of the Kashmir division have been regularized while those from Jammu have not only been left but also faced with the risk of loosing job.
The adhoc employees in the Forest department were appointed in 1994 in violations of the laid down rules. The government, however, in 2001 had asked the Commissioner Secretary of the Forest department to terminate services all adhoc employees recruited in violation of rules but he did not heed to the orders. However, the candidates from the Valley were later regularized and those from Jammu division were ignored.
In writ petition moved by such an employee in the High Court seeking equal right with their counterparts from the Kashmir Valley, Justice Nirmal Singh o has directed the respondents to file detailed affidavit indicating whether the daily wagers/ adhoc employees working in Kashmir Division were regularized after 1998 in the forest dept. If they have been regularized then the official respondents have also to indicate on what basis they were regularized.
In the petition in which Sr. Adv UK Jalali appearing for the petitioner submitted that he came to be engaged in the forest dept on daily wages in the year 1994. He is seeking regularization on the analogy of the private respondents being senior to them. Additional Advocate General Seema Shekhar appearing for the State submitted that the private respondents have been illegally appointed on adhoc basis. She had produced communication dated October 10, 2001 of the GAD whereby the Commissioner/ Secretary to forest dept was asked that 107 temporary appointments made without any prior sanction, should be discontinued immediately through speaking order. It was further directed that the concerned officer, who had exceeded his jurisdiction, should also be charged-sheeted by the Dept under rules.
Sr. Adv DC Raina appearing for the private respondents made a statement that 107 temporary appointments made without any prior sanction, have not been discontinued but still continued on the adhoc basis. He further submitted that some of private respondents were appointed on daily wages and some were appointed on adhoc basis. Their cases have been recommended for regularization on the analogy of their counter-parts working in Kashmir Division. Sr. Adv DC Raina appearing for the private respondents has also placed on record some documents indicating that the counter-parts of the private respondents working in Kashmir Division have been regularized, even though they are similarly situated.
Justice Nirmal after hearing both sides directed AAG appearing for the officials' respondents, to keep the record of all the candidates ready on the next date of hearing who have been regularized after 1998. Court in the meanwhile directed official respondents to file status report of the action taken by the GAD vides communication dated October 10, 2001. |
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