Central Administrative Tribunal - Srinagar
Bashir Ahmad Kasana And Others vs General Administrative Department on 11 May, 2026
[1] O.A. No. 299 of 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 299 OF 2024
(Srinagar, 11th day of May 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Bashir Ahmad Kasana Aged about 34 years S/O Ab. Jaleel
Kasana R/O Sumbal Balla, Ganderbal UT of J&K PINCODE:
191201
2. Hilal Ahmad Dar Aged about 42 years S/O Ghulam
Mohammad Dar R/O Arigoripora, Ganderbal UT of J&K
PINCODE: 191201
3. Mohd. Lateef Khan Aged about 48 years Gh. Rasool Khan
R/O Kangan, Ganderbal UT of J&K PINCODE: 191202
4. Ab Ahad Dar Aged about 48 years S/O Ab Gani Dar R/O Ari
Goripora, Ganderbal UT of J&K PINCODE: 191202
5. Gh. Mohidin Mir Aged about 45 years S/O Ab Samad Mir R/o
Chinner, Ganderbal UT of J&K PINCODE: 191201
6. Mohmad Maqbool Malla Aged about 48 years S/O Ab Rahim
Malla R/O Koundbal, Ganderbal UT of J&K PINCODE:
192121
7. Mushtaq Ahmad Raina Aged about 49 years S/O Ab Ahad
Digitally signed by ABHISHEK PUNIA Raina R/O Thune Sarbal, Ganderbal UT of J&K PINCODE:
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
191202
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e
b, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.05.12 15:11:57+05'30'
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8. Gh Mohmad Banya Aged about 39 years S/O Mohmad Akbar
R/O Dedrenbagh, Ganderbal UT of J&K PINCODE: 191202
9. Javid Ahmad Lone Aged about 48 years S/O Gh. Mohd. Lone
R/O Duderhama, Ganderbal UT of J&K PINCODE: 191201
10. Hilal Ahmad Bhat Aged about 46 years S/O Mohammad
Magbool R/O Soura, Srinagar UT of J&K PINCODE: 190011
11. Showkat Ali Chichi 12. Aged about 37 years S/O Liyakat Ali
Chichi R/O Anderwon, Ganderbal UT of J&K PINCODE:
191201
[2] O.A. No. 299 of 2024
12. Zahoor Ahmad Rather Aged about 45 years S/O Mohd.
Shaban R/O Serch, Ganderbal UT of J&K PINCODE: 191202
13. Mushtaq Ahmad Magray Aged about 43 years S/O Ab Rashid
Magray R/O Khanan, Ganderbal UT of J&K PINCODE:
192121
14. Gulzar Ahmad Hajam Aged about 44 years S/o Ab Razak R/O
Rangil, Ganderbal UT of J&K PINCODE: 190102
15. Gh Rasool Bhat Aged about 42 years S/o Gh Ahmad R/O
Beehama, Ganderbal UT of J&K PINCODE: 191201
16. Nisar Ahmad Dar Aged about 43 years S/O Gh Rasool Dar
R/O Hadoara, Ganderbal UT of J&K PINCODE: 191201
17. Mohd Akram Rather Aged about 52 years S/O Azim Rather
R/o Ladwuna, Ganderbal UT of J&K
18. Sana Ullah Jagal Aged about 35 years S/O Mohammad
Ayoub Jagal R/O Naranag, Ganderbal UT of J&K PINCODE:
191202
19. Niyaz Ahmad Bijran Aged about 42 years S/O Mian Idrees
Bijran R/O Kachnambal, Ganderbal UT of J&K PINCODE:
191201
20. Sadakat Ali Jagal Aged about 32 years S/O Ab Qayoom Jagal
R/O Naranag, Ganderbal UT of J&K PINCODE: 191201
21. Muzafar Ahmad Bijran Aged about 35 years S/O Reyaz
Ahmad Bijran R/O Pahelnar, Ganderbal UT of J&K PINCODE:
191201
22. Abdul Gani Jagal Aged about 35 years S/O Mohammad
Yaqoob Jagal R/O Naranag, Ganderbal UT of J&K PINCODE:
191201
23. Parvaz Ahmad Chohan Aged about 38 years S/O Nazim-U-
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e
b, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Din Chohan R/O Gagangeer, Ganderbal UT of J&K PINCODE:
Location:
Date: 2026.05.12 15:11:57+05'30'
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191201
24. Muzaffar Hussain Bokda Aged about 33 years S/O Gh. Nabi
Bokda R/O Sumbal Balla, Ganderbal UT of J&K PINCODE:
191201
25. Mushtaq Ahmad Shah Aged about 44 years S/O Syed
Wilayat Shah R/o Surfraw, Ganderbal UT of J&K PINCODE:
191201
26. Muhammad Tayoub Kasana Aged about 38 years S/O
Movimasood Kasana R/O Hariganiwan, Ganderbal UT of J&K
[3] O.A. No. 299 of 2024
PINCODE: 191201
27. Ishtiyaq Ah. Kasana Aged about 44 years S/O Gh Rasool
Kasana R/O Surfraw, Ganderbal UT of J&K PINCODE: 191201
28. Ab Lateef Kasana Aged about 48 years S/O Ab. Rahim
Kasana R/O Sumbal Balla, Ganderbal UT of J&K PINCODE:
191201
29. Ab Gafoor Cheche Aged about 40 years S/O Khan Zaman
Cheche R/O Gund Lalpati, Ganderbal UT of J&K PINCODE:
191201
30. Syed Ishtiyaq Shah Aged about 42 years S/O Syed Inayat
Shah R/O Surfraw Syed Basti, Ganderbal UT of J&K PINCODE:
191201
31. Nazir Ahmad Lone Aged about 47 years S/O Gh Mohd Lone
R/O Ganderbal UT of J&K PINCODE: 191201
32. Urfeed Ahmad Khanday Aged about 34 years S/O Gh
Mohmad R/O Shalabugh, Ganderbal UT of J&K PINCODE:
191201
33. Aurangzib Khan Aged about 40 years S/O Mohammad
Akbar-Khan R/O Wayil Wadur, Ganderbal UT of J&K
PINCODE: 191201
34. Siraj Din Khan Aged about 34 years S/O Ghulam Din R/O
Dedrenbagh, Ganderbal UT of J&K PINCODE: 191201
35. Gulam Mustafa Paswal Aged about 42 years S/O Ab. Ganie
Paswal R/O Horiganiwan, Ganderbal UT of J&K PINCODE:
191201
36. Manzoor Ahmad Shah Aged about 37 years S/O Ghulam
Ahmd Shah R/O Baba Wayil, Ganderbal UT of J&K PINCODE:
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e
b, CN=ABHISHEK PUNIA
191201
PUNIA Reason: I am the author of this document
37. Liyaqat Hussain Bijran Aged about 41 years S/O Gh.Mohi-Din
Location:
Date: 2026.05.12 15:11:57+05'30'
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Bijran R/O FrawHaknar, Ganderbal UT of J&K PINCODE:
191201
38. Nazir Ahmad Kalas Aged about 38 years S/O Beena Kalas
R/O Hariganiwan, Ganderbal UT of J&K PINCODE: 191201
39. Ajaz Ahmad Jehra Aged about 33 years S/o Mohmad Yousuf
R/o Sadrbagh, Ganderbal UT of J&K PINCODE: 191201
40. Hilal Ahmad Wazza Aged about 41 years S/o Ali Mohd R/o
Search, Ganderbal UT of J&K PINCODE: 191201
41. Firdous Ahmad Mir Aged about 36 years S/o Gh Qodir Mir
[4] O.A. No. 299 of 2024
R/o Lor, Ganderbal UT of J&K PINCODE: 191201
42. Ab Rashid Wani Aged about 50 years S/O Ali Mohd R/O
Shadipora, Ganderbal UT of J&K PINCODE: 191201
43. Ishfaq Ahmad Bhat Aged about 33 years S/O Lal Din Bhat
R/o Sheikh Mohalla, Ganderbal UT of J&K PINCODE: 191201
44. Gh. Muhammad Lone Aged about 46 years S/O Ab Ganie
Lone R/O Sonamarg UT of J&K PINCODE: 191203
45. Shabir Ahmad Raina Aged about 35 years S/O Mohd Subhan
Raina R/O Rezan, Ganderbal UT of J&K PINCODE: 191201
46. Gh. Rasool Dar Aged about 52 years S/O Mohd Ramzan Dar
R/O Rabitar, Ganderbal UT of J&K PINCODE: 191201
47. Adil Bashir Tantray Aged about 36 years S/O Bashir Ahmad
Tantray R/O Duderhama, Ganderbal UT of J&K PINCODE:
191201
48. Fareed Ahmad Gojar Tedwa Aged about 40 years S/o
Muhammad Yaqoob R/O Hayan Palpora, Ganderbal UT of
J&K PINCODE: 191201
49. Gh. Nabi Lone Aged about 40 years S/O Gh. Qadir Lone R/O
Akhal, Ganderbal UT of J&K PINCODE: 191201
50. Hilal Ahmad Ahanger Aged about 35 years S/O Ab Gonie
Ahanger R/O Hayan Palpora, Ganderbal UT of J&K PINCODE:
191201
51. Manzoor Ahmad Dar Aged about 41 years S/O Gh. Nabi Dar
R/O Yachama, Ganderbal UT of J&K PINCODE: 191201
52. Muzaffar Ah Mir Aged about 36 years S/O Mohd. Yousuf Mir
R/O Bonibagh, Ganderbal UT of J&K PINCODE: 191201
Digitally signed by ABHISHEK PUNIA
53. Parvaz Ahmad Rather Aged about 38 years S/O Ab. Gaffar
ABHISHEK Rather R/O Tangchitter, Ganderbal UT of J&K PINCODE:
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department
of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e
b, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
191201
Date: 2026.05.12 15:11:57+05'30'
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54. Mushtaq Ahmad Kasana Aged about 32 years S/o
Mohammad Kasim R/O Naranag, Ganderbal UT of J&K
PINCODE: 191201
55. Bashir Ahmad Ahanger Aged about 44 years S/o Abdul Ahad
R/O Ari Goripora, Ganderbal UT of J&K PINCODE: 191201
............. Applicants.
By Advocate:- Mr. Suhaib F. Bandey.
[5] O.A. No. 299 of 2024
Versus
1. Union Territory of J&K Through Commissioner Secretary to
Government, General Administration Department, Civil
Secretariat, Srinagar Pin Code:190001
2. Commissioner Secretary to Government, Forest Ecology and,
Environment Department Civil Secretariat, Srinagar Pin
Code:190001
3. Principal Chief Conservator of Forests (PCCF), Forest
Department Kashmir Forest Complex, Sheikh Bagh, Lal
Chowk Pin Code: 190001.
4. Additional Principal Chief Conservator of Forests (APCCF)
Kashmir, Forest Department Kashmir Forest Complex,
Sheikh Bagh, Lal Chowk Pin Code: 190001.
5. Additional Principal Chief Conservator of Forests (APCCF)
Centre, Forest Department Forest Complex, Sheikh Bagh, Lal
Chowk Pin Code: 190001.
6. Conservator of Forests, Srinagar Circle, Forest Department
Kashmir Forest Complex, Sheikh Bagh, Lal Chowk Pin Code:
190001.
7. Divisional Forest Officer, Sindh Forest Division, Ganderbal
Forest Department Kashmir. Pin Code: 191201
........... Respondents.
By Advocate:- Mr. Rais ud din Ganaie, DAG.
ORDER
ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e (Oral) b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 Per Hon'ble Mr. M.S. Latif, Member (Judl.):- The applicants, fifty-
five (55) in number, have filed the instant O.A., seeking the following reliefs a. by issuance of appropriate order/direction, declare the S.O 514 of 2023, dated 06.10.2023, as ultra vires the [6] O.A. No. 299 of 2024 Constitution, therefore, illegal to the extent of being non- est in Law.
Consequently, declare that the Applicants are entitled to all the benefits accrued in their favour in terms of the SRO 520 of 2017 and SRO 64 of 1994, and thus entitled to be regularised in the cadre of the Respondent Department.
b. by issuance of appropriate order/direction, direct the Respondent Department to proceed and regularise the services of the Applicants in tune with the provisions of SRO 520 of 2017 and SRO 64 of 1994, as if the impugned S.O 514 of 2023, dated 06.10.2023, was never issued. c. by issuance of appropriate order/direction, declare the initial engagement of the Applicants as casual daily rated workers/employees, as legal and valid and in consonance with the provisions of SRO 520 of 2017 and SRO 64 of 1994.
d. by issuance of appropriate order/direction, declare the action of the Respondents manifested in the Impugned Communication bearing No. DFOF/Estt/192-201 dated 28.02.2024, sent to all Range Officers by Respondent No.7, issued ostensibly in effectuation to the impugned communication bearing no. PCCF/Estt/NG/431-36 sent to Digitally signed by ABHISHEK PUNIA Respondent No. 4 by Respondent No. 3, and the impugned ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 minutes of meeting dated 04.12.2023, disengaging the services of the Applicants in the most arbitrary and capricious manner as illegal and non-est in law; Alternatively By issuance of appropriate orders/directions, declare the impugned action of the Respondents, manifested in the Impugned Communication bearing No. DFOF/Estt/192-201 dated 28.02.2024 sent to all Range Officers by Respondent [7] O.A. No. 299 of 2024 No. 7, issued ostensibly in effectuation to the impugned communication bearing no. PCCF/Estt/NG/431-36 and the impugned minutes of meeting dated 04.12.2023, whereunder the services of the Applicants were disengaged and sought to be replaced through the mechanism of outsourcing, as not applicable to the Applicants.
e. By issuance of appropriate orders/directions, quash/setaside the impugned Communication bearing No. DFOF/Estt/192- 201 dated 28.02.2024 addressed to all Range Officers by Respondent No. 7, the impugned communication bearing no. PCCF/Estt/NG/431-36 sent to Respondent No. 4 by Respondent No.3, and the impugned minutes of meeting dated 04.12.2023 to the extent the decision in the said minutes of meeting pertains to the Applicants.
f. By issuance of appropriate orders/directions, declare the impugned communications bearing no.
CCF(K)/Admin/2024/731- 32, dated 15.04.2024, PСCF/NG/Esst/C.No.18052/893 dated 04.04.2024, addressed to the Chief Conservator of Forests and the Additional Pr. Chief Conservator of Forests, respectively, Digitally signed by ABHISHEK PUNIA as illegal and non-est, to the extent that it has the effect of ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 substituting the services of the Applicants by workforce recruited through outsourcing, contemplated by the approval granted by the Pr. Chief Conservator of Forests to Draft NIT submitted by DFO Sindh Forest Division. AND Consequently, by issuance of appropriate orders/directions, quash the process of substituting the services of the Applicants with another set of casual [8] O.A. No. 299 of 2024 workers, initiated vide impugned notice inviting tender submitted by DFO Sindh Forest Division, and quash the impugned communications bearing no.
CCF(K)/Admin/2024/731-32, dated 15.04.2024, PCCF/NG/Esst/C.No.18052/893 dated 04.04.2024, and the impugned notice inviting tender submitted by DFO Sindh Forest Division.
g. By issuance of appropriate orders/directions, command the Respondents to desist, refrain and forbear from replacing the services of the Applicants as casual employees in the Respondent Department in the Sindh Forest Division Ganderbal with workforce recruited through outsourcing, contemplated vide communications bearing no. CCF(K)/Admin/2024/731-32, dated 15.04.2024, PCCF/NG/Esst/C.No.18052/893 dated 04.04.2024, addressed to the Chief Conservator of Forests and the Additional Pr. Chief Conservator of Forests, respectively.
h. Consequently by issuance of appropriate orders/direction, direct/command the Respondents to forthwith re-engage the services of the Applicants as casual employees in the Sindh Forest Division;
Digitally signed by ABHISHEK PUNIAi. By issuance of appropriate orders/directions, declare the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 impugned action of the Respondents in disengaging the Applicants as casual daily rated workers as ultra vires the Articles 309, 310 and 311 of the Constitution and J&K Civil Services (Classification,. Control and Appeal) Rules, 1956. Consequently, re-engage the services of the Applicants forthwith.
j. Further by issuance of appropriate orders/directions command the respondents to consider the case of [9] O.A. No. 299 of 2024 Applicants for regularization of their services in the Department as per the provisions of SRO 520 of 2017. Alternatively by issuance of appropriate orders/directions, direct the Respondents to carry out into effectuation the policy objectives enshrined in the SRO-520 of 2017 and regularize the services of the Applicants being eligible and qualified as per the stipulations in the said SRO on the effective date as provided for in Rule 3 (1) (a) of SRO 520 of 2017 i.e., 17.03.2015.
k. By issuance of appropriate orders/directions, command the Respondents to desist,, refrain and forbear from replacing the services of the Applicants as casual employees in the Respondent Department in the Sindh Forest Division Ganderbal with another set of casual Employees.
l. By issuance of appropriate orders/directions, allow the Applicants to resume their services as casually employed daily rated workers and assign to them work in the nature of work previously assigned to them, as if the impugned order of disengagement was never passed, till their case for regularisation is finalised.Digitally signed by ABHISHEK PUNIA
m. Pass any other order or direction, in favour of the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 Applicants and against the respondents, that this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
2. As stated in the O.A. and submitted by learned counsel for the applicants, Mr. Suhaib F. Bandey, the applicants were engaged, as casual labourers / employees in the Sindh Forest Division, Ganderbal, from the years 2007 to 2014, in the [10] O.A. No. 299 of 2024 respondent department and the applicants have given continuous and uninterrupted service in the department.
3. It is stated that the work performed by the applicants was recognized, when in the year 2017, the Government issued SRO 520 of 2017 i.e. Jammu and Kashmir Casual and Other Workers-
Regular Engagement Rules, 2017, whereby it was decided to regularize the services of the casual employees working in various departments of the Government. It is also stated that a communication no. PCCF/NG/Estt/568/3219-22 dated 30.07.2018, was issued by the respondent no. 4 to respondent no. 5, whereby the department decided to extend the benefits of SRO 520 of 2017 in favour of the applicants. It is further stated that an enquiry committee was constituted by the respondent no. 4 vide Order dated 22.06.2018, ostensibly to look into and enquire into the Digitally signed by ABHISHEK PUNIA complaints regarding alleged unauthorized engagements in the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 department, which submitted its report stating that the applicants (50 out of 122) were found fit, as regards the criteria envisaged in SRO 520 of 2017.
4. It is averred in the O.A. that the SRO 520 of 2017 was repealed vide SO 514 of 2023 dated 06.10.2023. Being aggrieved [11] O.A. No. 299 of 2024 of the action of the respondents whereby they were being disengaged, the applicants approached this Hon'ble Tribunal by way of filing an O.A./275/2024. However, the applicants were not aware of issuance of SO 514 of 2023 and as such, they withdrew the aforesaid O.A.
5. For perusal of the Court, the applicants have mentioned SO 514 of 2023 dated 06.10.2023, the same as stated is reproduced hereunder:
"S.O. 514 - in exercise of the powers conferred by proviso to Article 309 of the Constitution of India and all other enabling provisions in this behalf, the Lieutenant Governor is pleased to direct that the "Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularisation) Rules, 1994" notified vide SRO 64 of 1994 dated 24.03.1994; "Jammu Digitally signed by ABHISHEK PUNIA and Kashmir Casual and Other Workers Regular Engagement ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 Rules 2017" notified vide SRO 520 of 2017, dated 21.12.2017, and all other rules, regulations, notifications, bye-laws, orders, etc, pertaining to regularisation of engagement of Daily Rated/Work Charged/Casual/Seasonal/Adhoc/Consolidated or other worker(s) are hereby repealed.[12] O.A. No. 299 of 2024
All the pending cases shall stand abated and no fresh cases shall be entertained."
6. Learned counsel for the applicants submits that a meeting was held under the chairmanship of respondent no. 3, wherein the case of the applicants was assessed and it was recommended that all the casuals including the applicants were illegally and unauthorizedly appointed. The impugned minutes of the meeting held on 04.12.2023 are appended with the O.A. Learned counsel for the applicants further submits that the findings recorded in the impugned minutes of the meeting held on 04.12.2023, treating the appointment/engagement of the applicants as unauthorized on the ground that no formal appointment orders were issued in their favour, are erroneous and contrary to the record. It is submitted that though the applicants may not have been engaged through Digitally signed by ABHISHEK PUNIA formal appointment orders in the traditional sense, however, the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 communications issued by the department from time to time evidenced their engagement and continuance in service. It is further submitted that the applicants had continuously rendered services in the department for several years and their services were utilized by the respondents.[13] O.A. No. 299 of 2024
7. Learned counsel for the applicants submits that the erroneous and illegal findings of the impugned minutes of the meeting became the basis for disengagement of the applicants from the department from the month of March 2024. To this effect, he has relied upon the definition of CSLW as defined in SRO 520 of 2017. The same, as stated in the O.A., is reproduced hereunder:
"(c) "CSLW" means a casual, seasonal, or other worker who has been engaged through an appointment order or otherwise on daily rated basis for rendering casual/seasonal services in a department; ...
(f) "Continuous Working" of a "CSLW" means the working of a person after his initial engagement in a department continuously without any break except on account of Digitally signed by ABHISHEK PUNIA holidays/Sundays and not more than two days break in a ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 period of 90 calendar days;"
8. Learned counsel for the applicants further submits that the applicants fulfilled the conditions envisaged under SRO 520 of 2017 and that upon assessment of their eligibility for regularization, their cases were found fit by the enquiry committee [14] O.A. No. 299 of 2024 constituted by the respondents. In this regard, reliance has been placed upon the findings and recommendations of the enquiry report. The relevant portion, as reproduced in the O.A., reads as under:
Findings & Recommendation
(i) The scope of present enquiry has been set to determine the verity of casual workers registered in Sindh Forest Department and uploaded on portal "Aadhar based biometric and skill profiling of workers" in response to circular of Finance Department. As there was noticed disparity and humongous rise in number of casual workers in Sindh Forest Department registered between before and after lists, so this committee was constituted by the department to examine this matter. Therefore, this report shall in no case be construed as a Digitally signed by ABHISHEK PUNIA conclusive report in deciding the eligibility of registered casual ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 workers for their regular engagement under SRO-520. The Govt. has already framed separate Empowered Committee under provisions of SRO-520 [Rule 6 (1)] for scrutiny & regularization of all such proposals, therefore the findings of this committee shall remain ancillary.[15] O.A. No. 299 of 2024
(vii) There are total of 122 fit cases in Sindh Forest Division. These casual workers have been working over the years and have drawn wages at-least six months in a year. Such workers can be treated as seasonal workers. The committee therefore recommends continuing them till they complete 120 months and become eligible for regularization as "Government Services Assistant" under SRO-520.
9. It is stated that the aforesaid findings of the enquiry dated 04.12.2023, demonstrate that the committee was very well aware of the case of the applicants for regularization and therefore the question of disengagement would have not arisen.
10. Learned counsel for the applicants submits that the findings recorded in Paras 12 to 16 of the impugned minutes of meeting dated 04.12.2023 are arbitrary and contrary to the material Digitally signed by ABHISHEK PUNIA available on record. The Para 12 for reference, as reproduced in ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 the O.A. is mentioned hereunder:
12. With regard to the question of illegal engagement(s), meeting was informed by the PCCF/HoFF, J&K & APCCF, Kashmir, that, all the engagees are illegal, as no formal orders/approval of their engagement are available in the [16] O.A. No. 299 of 2024 records including present 63 incumbents retained or winnowed out, so far as their engagement, stay and drawl of wages is concerned. Further, there was no justification for engaging beyond 65, if only 65 were required in the division.
After threadbare deliberations on the issue it was concluded that there is a need to put a formal closure of the complex issue and accordingly following decisions were taken:
a. It was decided that the PCCF & HoFF. J&K, shall take immediate action to fix responsibility for the lapse and illegal engagements as brought out in the two enquiry reports, within 30 days.
b. The PCCF HOFF, J&K shall disengage all illegal unauthorized Casual Labours Need Based Workers etc, latest by 28th February, 2024 and meet the need through outsourcing. Digitally signed by ABHISHEK PUNIA
c. The DFO, Sindh Forest Division, Ganderbal, shall ensure ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 that there is no ousted CSLW presently on the rolls and also verify the genuineness or otherwise of the attendance certificates circulated by certain complainants/CSLWS.
d. The PCCF HOFF, J&K, shall work out actual requirement in all the Divisions by March. 2024 and evolve a [17] O.A. No. 299 of 2024 mechanism for outsourcing the services as per requirement so assessed in other forest divisions as well.
e. The PCCF & HolF, J&K shall review such illegal engagements in other Forest Divisions of UT of J&K and take further similar action accordingly.
11. Learned counsel for the applicants further submits that while taking the aforesaid decision, the respondents failed to appreciate that the case of the applicants, as their cases had already been found fit by the enquiry committee in terms of SRO 520 of 2017. It is submitted that the applicants could not have been treated at par with other allegedly unauthorized engagees, particularly when their engagement and continuance in service stood reflected from various departmental communications and records appended with the O.A. Digitally signed by ABHISHEK PUNIA
12. It is further submitted that the applicants were amongst the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 63 casually engaged labourers / workers, being part of the 122 casual daily rated labourers / workers, who were declared fit and were paid wages pursuant to the communications issued by the respondent department from time to time. Reference is made to the communication of Divisional Forest Officer, dated 01.04.2019 [18] O.A. No. 299 of 2024 and a communication issued dated 05.04.2023 by Additional Principal Chief Conservator of Forests (Central) to Additional Principal Chief Conservator of Forests (Kashmir).
13. Learned counsel for the applicants also submits that the applicants have submitted a representation before the respondents seeking revocation of the decisions taken in the impugned minutes of meeting dated 04.12.2023 and for permitting them to resume their duties in the department. He submits that the services of the applicants are not being sought to be replaced through the process initiated vide impugned notice inviting tender, submitted by the Divisional Forest Officer, Sindh Forest Division, and having been accorded approval by the Pr. Chief Conservator of Forests, vide communications dated 04.04.2024 and 15.04.2024.
Digitally signed by ABHISHEK PUNIA
14. Reply stands filed in the matter. It is averred therein that the ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 instant O.A. is not maintainable and this Tribunal may not entertain the same. It is submitted that the applicants were engaged as casual labourers on need basis and were never recruited in accordance with any procedure established under the rules. According to the respondents, the case of the applicants [19] O.A. No. 299 of 2024 does not fall within the domain of 'service matters' as envisaged under Section 14 of the Administrative Tribunals Act, 1985. It is further submitted that the applicants have challenged the communications dated 04.04.2024 and 15.04.2024 as also the impugned Notice inviting tender issued by the Divisional Forest Officer, Sindh Forest Division, and that the matter pertaining to the tender process is not amenable to the jurisdiction of this Hon'ble Tribunal.
15. Learned counsel for the respondents, Mr. Rais ud din Ganaie, learned DAG, submits that the applicants have no enforceable right either for continuation or for regularization. He further submits that serious complaints were received regarding unauthorized engagement of casual labourers in Sindh Forest Division, Ganderbal, and accordingly, a three-member enquiry Digitally signed by ABHISHEK PUNIA committee was constituted vide Order dated 22.06.2018, whereby ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 it relied upon the provisions of SRO 520 of 2017 and submitted the report suggesting that none of these casual labours fulfill the criteria for regularization.
16. It is submitted that another enquiry was subsequently conducted in the year 2021 and the enquiry officers concluded [20] O.A. No. 299 of 2024 that the casual labourers working in Sindh Forest Division had not been engaged in accordance with any prescribed procedure and that their engagements were unauthorized. It is further submitted that thereafter a meeting under the Chairmanship of the Additional Chief Secretary (Financial Commissioner), Forest, Ecology and Environment Department was convened on 04.12.2023, wherein it was observed that the engagement of all the applicants are unauthorized, as no formal orders / approval regarding engagement of the applicants were available on record and accordingly the impugned decision came to be taken in the meeting.
17. Learned counsel for the respondents submits that no formal engagement orders were ever issued in favour of the applicants by any competent authority and that the services of the applicants Digitally signed by ABHISHEK PUNIA were utilized only on need basis, for which wages were paid from ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 time to time. It is further submitted that the applicants were not in continuous and uninterrupted service as alleged by them and that their engagements were dehors the recruitment rules and contrary to Articles 14 and 16 of the Constitution of India.
18. Learned counsel for the respondents further submits that no [21] O.A. No. 299 of 2024 right survives in favour of the applicants either for regularization, as they have been engaged unauthorizedly without any engagement order by any competent authority. It is also submitted that the applicants do not fulfill the eligibility conditions envisaged under SRO 520 of 2017, including the requirement of continuous service for the prescribed period, as they do not have a continuous service of 10 years and at least six months in a year, and therefore are not entitled to any relief.
19. In order to buttress his arguments, learned counsel for the applicants has relied upon various judgments. He has relied upon the observations made in the case titled as Jaggo v. Union of India reported in 2024 SCC OnLine SC 3826 decided by the Hon'ble Apex Court wherein their lordships have held that "it is imperative for government departments to lead by example in providing fair Digitally signed by ABHISHEK PUNIA and stable employment. Engaging workers on a temporary basis ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale". He has relied upon the case decided by the Hon'ble Supreme Court of [22] O.A. No. 299 of 2024 India titled as Dharam Singh v. State of U.P. reported in 2025 SCC OnLine SC 1375 wherein their lordships have held that "public employment should be organized with fairness, reasoned decision making, and respect for the dignity of work". In addition, learned counsel for the applicants has relied upon the case titled as Bhole Nath v. State of Jharkhand & Ors. decided by the Hon'ble Apex Court, as also the cases decided by the Hon'ble High Court of J&K titled as State of J&K & Ors. v. Mushtaq Ahmad Sohail & Ors,.
and the latest judgment of the Hon'ble High Court of J&K in the case titled as UT of J&K & Ors. v. Mohammad Ashraf Khan decided on 09.04.2026.
20. Heard learned counsel for the parties at length, perused the contents of the O.A., objections filed and the case law cited at Bar.
21. At this stage, learned counsel for the applicants submits that Digitally signed by ABHISHEK PUNIA he would be satisfied, if the instant O.A. is disposed of. As such, at ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 the request of learned counsel for the applicants, the O.A. is taken up for its disposal.
22. The O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, who shall consider and decide the case of the applicants, in view of the averments made [23] O.A. No. 299 of 2024 in the O.A. coupled with the law cited above in various judicial pronouncements. The respondents shall keep note of the fact that similar benefit be granted in favour of the applicants, if they are squarely covered by the law cited above and the same holds the field as on date, and if there is no legal impediment. The above exercise shall be done by passing a speaking order within a period of eight (08) 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.
23. Accordingly, O.A. No. 299/2024 is disposed of along with all connected M.A.s, if any.
(Prasant Kumar) (M.S. Latif)
Member (Admn.) Member (Judl.)
Abhishek Punia
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756e Court Master b, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.05.12 15:11:57+05'30' Foxit PDF Reader Version: 2025.2.0 11.05.2026