Jammu & Kashmir High Court
Harbans Singh vs Saurabh Bhagat on 31 October, 2022
Sr. No. 51
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 578/2018
CM No. 4354/2022
Harbans Singh .....Appellant(s)/Petitioner(s)
q
Through: Mr. Nitin Bhasin, Advocate
vs
Saurabh Bhagat, Secy. Forest and another ..... Respondent(s)
Through: Mr. Dewakar Sharma, Dy. AG
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
1. This Court vide order/judgment dated 06.07.2018 has allowed the writ
petition filed by the petitioner and the order impugned dated 09.06.2015
stands quashed. Besides this, the respondents were directed to accord the
consideration to the case of the petitioner within six weeks for
regularization in terms of the provisions of SRO 64 of 1994 read with
Government Order No. 1285-GAD of 2001 dated 06.11.2001 and also in
light of the judgment passed by the Division Bench of this Court in
Mushtaq Ahmed Sohail's case. It was made clear in the aforesaid
order/judgment that the petitioners shall be entitled to be regularization
with effect from the date he has completed seven years of service with all
consequential benefits.
2. Learned counsel for the petitioner submits that pursuant to aforesaid
order/judgment, LPA No. 66/2021 was preferred by the respondents
which has been dismissed by virtue of order dated 09.07.2021. Learned
counsel for the petitioner further submits that against the aforesaid order,
SLP was also filed and the Supreme Court dismissed the same vide order
dated 03.01.2022 and after that, the respondents have also filed the
review petition before the Supreme Court which also stands dismissed.
3. Learned counsel for the petitioner further submits that after having
exhausted all the remedies available under law coupled with the fact that
the SLP and the review petition stands dismissed, the respondents have
no other option but to implement the order/judgment of this Court in
letter and spirit but till date, the same has not been implemented.
4. The respondents have filed the compliance report dated 01.07.2022 in
which specific stand has been taken that after receiving the report dated
08.06.2022, the case of the petitioner was forwarded by the Chief
Conservator of Forests, J&K vide communication dated 10.06.2022 to
the Principal Chief Conservator of Forests, J&K for further necessary
action. Further stand of the respondents in the aforesaid compliance
report is that the matter was taken up with the Department of Law,
Justice & Parliamentary Affairs for its advice and the Department of
Law, Justice & Parliamentary Affairs vide its U.O. No. LAW-
LITI/264/2021-10 dated 29.06.2022 has advised as under:-
"Returned. The Department is advised to approach the
character antecedent verifying agency (CID) to verify his
pre-appointment character antecedents as per the
requirements of law in terms of G.O. No. 528-K(GAD)
of 2021 dated 21.06.2021 read with circular instructions
issued in this behalf and take further steps in the case
accordingly."
5. The respondents further contended that pursuant to opinion received
from the Department of Law, J & PA, the matter was taken up with the
Principal Chief Conservator of Forests, J&K vide communication dated
30.06.2022 for obtaining requisite report from the character antecedent
verifying agency i.e. CID, J&K.
6. Learned counsel for the respondents submits that after receiving the
requisite report from the concerned agency, the respondents shall
comply with the directions in letter and spirit. Since, the petitioner has
not complied the requisite formalities, accordingly, the judgment has not
been complied with as on date.
7. After hearing learned counsel for the respondents, direction is issued to
the petitioner to fill the form and complete all other requisite formalities
as envisaged under law within one week from today and consequently,
the respondents are directed to take further steps within one week
thereafter to comply the judgment/order dated 06.07.2022 passed by this
Court in its letter and spirit by according regularization to the petitioner
in terms of the provisions of SRO 64 of 1994 read with Government
Order No. 1285-GAD of 2001 dated 06.11.2001 and also in light of the
judgment passed by the Division Bench of this Court in Mushtaq Ahmed
Sohail's case. It is further made clear that the petitioner shall be entitled
to be regularized with effect from the date he has completed seven years
of service along with all consequential benefits.
8. A fresh compliance report be filed by the respondents within two weeks,
thereafter.
9. List on 30.11.2022.
(WASIM SADIQ NARGAL)
JUDGE
Jammu
31.10.2022
Neha
