CAT directs J&K Govt to examine regularisation claims of 12 Rehbar-e-Janglaat employees

Srinagar, Oct 10: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Jammu and Kashmir government to examine the regularisation claims of 12 Rehbar-e-Janglaat employees in accordance with its existing policy and relevant government orders, and issue a reasoned decision, preferably within eight weeks.
The direction comes as a significant development for the employees, who completed five years of service in 2022 but have been awaiting regularisation under the government’s policy.
The Tribunal directed the competent authorities to consider the applicants’ claims in light of Government Order No. 155-FST of 2017 and subsequent orders governing the regularisation of Rehbar-e-Janglaat employees.
Under Clause VIII of the 2017 policy, employees completing five years of satisfactory and continuous service are eligible for consideration for regularisation, subject to fulfilment of the prescribed conditions.
The applicants maintained that despite completing the stipulated service period, their cases had not been settled, prompting them to approach the Tribunal for relief.
While examining the matter, the Tribunal took note of the government’s earlier decisions concerning the creation and adjustment of posts in the Forest Department.
These included the creation of 333 additional Forest Guard posts in 2017 and the subsequent adjustment of 234 supernumerary posts against available vacancies in 2021.
The developments were considered relevant to the applicants’ claims for regularisation under the existing policy framework.
Importantly, the Tribunal also directed the authorities to consider the applicability of the Supreme Court judgment in Rupesh R. Gaonkar and Others versus State of Goa and Others while deciding the matter.
It observed that the benefit of the judgment should be extended to the applicants if their cases are covered by the ruling and no legal impediment exists.
The Tribunal, however, did not order the immediate regularisation of the employees. Instead, it directed the competent authorities to examine their individual eligibility and claims in accordance with the applicable rules, government orders and judicial precedents.
The authorities have been asked to pass a reasoned order, explaining the decision taken on the applicants’ claims, preferably within eight weeks from the date of service of the certified copy of the Tribunal’s order.
The direction places the responsibility on the government to assess the pending claims and communicate its decision within the stipulated timeframe.
The matter assumes significance for Rehbar-e-Janglaat employees who have been seeking regularisation after completing the service period prescribed under the government’s 2017 policy.
The Tribunal’s directions have provided the 12 applicants an opportunity for formal reconsideration of their claims, although their regularisation will depend on their eligibility and the applicable legal provisions. (KNS)