MOHD FAZAL AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY FOREST DEPARTMENT JAMMU AND OTHERS
WP(C)/1893/2025 · 2025-07-21
Shahzad Azeem, Sindhu Sharma
body2025
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[ 2025 DAILYLAW 3940 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 3940 (JK) · dailylaw.ai ]
Judgment text
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Sr. No. 37
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 1893/2025
Mohd Fazal and others
…. Petitioner/Appellant(s)
Through:- Mr. Ashish Sharma, Advocate
V/s
UT of J&K and others
…..Respondent(s)
Through:-
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
21.07.2025
1. The petitioners, who were working in the Forest Department, approached the Central Administrative Tribunal, Jammu, for grant of higher pay scale in terms of provisions of Rule 5 of SRO 64, issued by the Finance Department dated 24.03.1994. The Tribunal vide order dated 03.01.2022 and other orders in various applications, disposed of these applications with a direction to the respondents to consider the question of releasing the higher grade of Rs. 775-1025 instead of Rs. 750-940, in favour of the applicants in, accordance with rules and regulations.
2. In compliance to the directions passed by the Tribunal, the respondent No. 3 directed the respondent No. 5, the then Divisional Forest Officer to ensure compliance of order of the Tribunal and, accordingly, respondent No. 5 passed speaking orders after due consideration.
3. It appears that respondent No. 2, Principal Chief Conservator of Forests, vide Forest Order No. 85 of 2025, dated 16.05.2025, took a decision to cancel all the speaking orders issued by the Divisional Forest Officer, Rajouri, being void ab initio.
4. Aggrieved of the cancellation order dated 16.05.2025, the applicants approached the Central Administrative Tribunal, Jammu (Tribunal), seeking quashing of Forest Order No. 85 of 2025, dated 16.05.2025 and letter dated 06.06.2025.
5. Learned counsel for the petitioners submits that the grievance of the petitioners is that the impugned order has rendered the OA infructuos. The impugned cancellation order dated 16.05.2025, which is subject matter of challenge amounts to review of speaking order which has already been implemented.
6. Learned counsel for the petitioners further submits that his OA has become infructuous as the grievance of the petitioners was against the order of
consideration, and the learned Tribunal has directed the Conservator of Forests to pass a fresh order.
7. Having regard to the submissions made by the learned counsel for the petitioners, this petition is disposed of at this stage itself by granting liberty to the petitioners to approach the Tribunal by filing an application seeking modification of the interim order dated 08.07.2025. Till such time the application is decided, the operation of the impugned order to the extent of granting liberty to the Chief Conservator of F1orests to pass a fresh order, shall stay.
8. Disposed of accordingly.
(SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE
JUDGE
Jammu:
21.07.2025 Vishal Khajuria