AKHEEL AHMED vs STATE AND ORS

In the instant writ petition, petitioner seeks the following reliefs:-

i) “Commanding the respondents to engage/regularize the petitioner as Daily Wager in Forest Department as the petitioner is performing his duties

on Committee Basis at Compartment No. 251, Dhana Shah Satar, Forest Range, Surankote, District Poonch from the last almost 10 years that too

without any payment/salary and in view of the fact that the respondents have already assured the petitioner that he will be engaged as Daily Wager in

the Forest Department.

ii) Commanding the respondents to decide the representation of the petitioner dated 07th June, 2013 by passing a speaking/reasoned order.â€​

The factual matrix of the case briefly stated is that, in the year 2008, the petitioner was engaged by the locals of Forest village for the protection of

Forests in Compartment No. 251, Dhana Shah Satar, Forest Range, Surankote, District Poonch without any payment from the Forest Department on

committee basis, on the assurance that the petitioner will be engaged as Daily Wager by the Forest Department.Â

Thereafter, the petitioner was regularly performing his duties on Committee Basis in Forest Department in the said Compartment for the last 10 years

without any payment/salary. The petitioner was under the impression that he will be engaged/regularized as Daily Wager in Forest Department, as

assured by the respondents, but till date he is performing his duties on Committee Basis, that too without any payment/salary. The petitioner

represented before the respondents many a times with a request to engage/regularize him as daily wager in Forest Department, as assured by them,

but till date he has not been engaged/regularized in the department.Â

Constrained by the aforesaid situation, the petitioner made a representation (Annexure-C) dated 07th June, 2013 to the Hon’ble Minister, Forest

and Social Forestry and Environment, J&K State, projecting his grievance and the said representation was forwarded by the Minister concerned to the

respondent No. 3, namely, the Divisional Forest Officer, Poonch for necessary action, but till date nothing substantial has been done by the

respondents. Thereafter, on 17th January, 2016, the said representation was again forwarded by the concerned MLA to respondent No. 2, namely,

the Chief Conservator of Forests, J&K, Jammu, but no action has been taken by the respondents to redress the grievance of the petitioner. In this

factual backdrop, the petitioner has approached this Court through the medium of instant writ petition.

Learned counsel for the petitioner submits that he would feel satisfied, if the instant writ petition is disposed of with a direction to respondent No. 2,

namely, The Chief Conservator of Forest, J&K Jammu to accord consideration to the aforesaid representation submitted by the petitioner.

In view of the aforesaid submission made by the learned counsel for the petitioner and in the facts of the case, the instant writ petition is disposed of

with a direction to the respondent No. 2 to accord consideration to the aforesaid representation submitted by the petitioner by passing a speaking order

expeditiously, preferably within a period of four weeks in accordance with law from the date of receipt of certified copy of this order.

With the aforesaid observations, the writ petition is disposed of along with connected MP.