Ghulam Mohammad Dar vs State & Ors

The petition is of the year 2011.

Petitioner prays for the following relief:-

In the premises, it is therefore prayed that this Hon''ble Court may be pleased to pass appropriate writ, order or direction including one in the

nature of Certiorari/Mandamus commanding the respondents not to give effect to the order of ouster dated 29.10.2011 passed by Respondent-

Divisional Forest Officer Shopian Division Shopian and also the order whereby direction has been passed for not preparing the muster roll of the

petitioner bearing no.CFS/2011-12/T-17/1658-60 dated 01.011.2011 passed by Respondent Conservator of Forest South Circle Bijbehara and

the said orders be declared illegal and unconstitutional. That the respondents be further directed to treat the petitioner as rgular employee of the

department as per SRO 64 of 1994 from 1999 when the petitioner completed his seven years continuous service or in the alternative the

respondents be directed to regularize the services of the petitioner forthwith from the due date as per SRO 64/1994 and pay all the service and

monetary benefits to the petitioner accordingly.

The petitioner was working as daily wager in the Forest Department. Some untoward incident happened in the year 2011 and in that case the

petitioner was arrested and put in judicial custody and thereafter he was released on bail. Subsequently, the petitioner was suspended and

thereafter termination order was passed, which is now challenged in the present petition, on the ground that it has been done at the back of the

petitioner without affording him an opportunity of being heard. It is also pleaded that a case under FIR No.317/2011 has been registered in Police

Station Kakapora and the criminal proceedings are yet to be culminated and, therefore, the petitioner is seriously prejudiced as he is unable to get

employment and his family is in great financial trouble. He is totally shattered and his family is affected by this incident. It is also the case of the

petitioner that some other persons, who were also involved in this case, have been given benefit of regularization of service.

Be that as it may, pending criminal proceedings, learned counsel for the petitioner submits that the case of the petitioner be reconsidered by the

authority concerned, because, more than six years have passed since the incident has happened and the pathetic condition of the petitioner requires

to be assuaged, as the similarly situated persons have been given some consideration.

While declining the relief sought for, respondents are directed to accord consideration to the petitioner''s claim to reconsider his termination

order on its merits. The petitioner be permitted to make a representation to the concerned authority-DFO Shopian. The consideration order be

passed on merits within a period of four weeks from the date copy of this order alongwith representation is served by the petitioner on the

concerned authority.

Petition disposed of alongwith all connected MPs.