J&K FPF Deputy Inspectors and Guards appeal LG Manoj Sinha

Srinagar: J&K Forest Protection Force (FPF) Deputy Inspectors and Guards have made an appeal to J&K’s Lieutenant Governor Manoj Sinha, Advisor Farooq Khan and Commissioner Secretary Forests to help resolve their departmental seniority and promotion issues, which, according the employees, can be addressed by personal intervention of the LG, the Advisor and the Commissioner Secretary.

“We request the LG that until the court decision comes in our case there should be no DPC and that a decision should be taken by clubbing all seniority related issued and the final decision that comes will be accepted by all of us”, the employees said.

Ziraat Times here reproduces the full and verbatim text of the representation submitted by the Forest Protection Force (FPF) Deputy Inspectors and Guards:

Subject: Representation of FPF Deputy Inspectors and Guards for withdrawal of clarification with respect to cadres issued by Commissioner Secretary Forests vide No FST/FPF/19/2017 dated 06-02-2018 and correction of inspectors cadre from Divisional to UT and Deputy Inspectors and Guards from District to UT/Divisional cadre in the SRO 719 Notified on dated25th Oct 2019 as the same was issued against the Cabinet Decision No. 34/05/2016 dated 23-06-2016 and FPF Rules 2012.

Hon’ble sirs

The J&K FPF Deputy Inspectors and Guards most respectfully submit as under:

1. That the Forest Force was created vide Govt. Order No 129-PD of 1996 dated 04-12-1996 on the pattern of J&K Police to check all kinds of damages to Forest property.
2. That all the working Deputy inspectors and Guards of Forest Protection Force were directly recruited in the year 1997-98 and were trained for basic Force /Police training from Punjab Police Academy Phillaur, Punjab during the year 1998-99
3. That the Forest (Protection) Force Act, 2001 was enacted by the J&K State Legislature on 12th April 2001 on the patter of J&K Police for better Protection and security of Forest property.
4. That in exercise o powers conferred by section 18 of J&K Forest (Protection) Force Act, 2001 and with the consultation of Home Department, the Government has notified the Forest (Protection) Force Rules 2012 issued vide SRO 264 dated 09-08-2012 wherein the working of the Force and seniority of Force members Is defined.
5. That in light of aforesaid J&K Forest Protection Force Rules 2012 it was prayed before the Hon’ble J&K High Court, Srinagar by some Forest Protection Force personnel through the write petition bearing SWP No. 1952/2012 titled Farooq Ahmad Wani and ors v/s State of J&K and ors with the prayer to redraw the seniority of the Forest Protection Guards in accordance with the Forest Protection Force Rules 2012 issued vide SRO 264 of 2012 dated 09-08-2012 on Divisional Cadre basis.
6. That the Hon’ble High on dated 03-09-2014 by common judgment allowed SWP No.1952/2012 titled Farooq Ahmad Wani and ors vs State and ors and directed the State Guards/Inspectors) strictly in accordance with the provisions of the J&K Forest Protection Force Rules 2012 issued vide SRO 264 dated 09-08-2012 and accord promotion accordingly.
7. That this Judgment came to be challenged by the aggrieved FPF personnel before the Division bench of J7K High Court Jammu in LPA No. 149/2014 titled Jamil Ahmed and ors vs State of J&k and ors. The Hon’ble Division bench on dated 11-11-2014 dismissed the aforesaid LPA and upheld the judgment of single bench, therefore the status of Forest Protection Force Rules 2012 issued vide SRO dated 09-08-2012 was maintained and the Government was directed to redraw the seniority of FPF Guards/Inspectors Strictly in accordance with FPF Rules 2012.
8. That in compliance with the Hon’ble High Court Direction passed in SWP No. 2416/ dated 03-09-2012 and judgment upheld by the Division Bench in LPA (SWP) No. 149/2014 dated 11-11-2014. The Administrative Department vide letter seniority of Forest protection Force personnel as per PFF Rules 2012 issued vide SRO 264 dated 09-08-2012
9. That Vide Cabinet Decision No.34/05/2016 dated 23-06-2016, the Government issued order No 189-FST of 2016 dated 30-06-2016, wherein the creation/restructuring of posts in the Forest Protection Force were made. Under this creation sixty (60) posts of Assistant Director –II were created in the state cadre by downgrading 30 posts of Assistant Directors, 120 posts of Inspectors were designated as state cadre, 232 posts of Deputy Inspectors were created in the Divisional cadre by upgrading 232 posts of FPF Guards and 756 FPF Guards posts were designated as Divisional cadre as per the provision of FPF Rules 2012 and Cabinet Decision No 34/05/2016 dated 23-06-2016. Copy of Cabinet memo and Government order is enclosed as ANNEXURE No.1 and 2.
10. That in pursuance to Division Bench Judgment dated 11-11-2014 and the advise rendered by administrative Department the Director Forest Protection Force J&K Government issued updated final seniority list of Forest Protection Force Inspector on State cadre vide Director FPF No. 775 DFPF of 2016 dated 31-08-2016 and FPF Guards of Jammu and Kashmir Division Zone vide Director No.344-DPFF of 2015 and 345- DFPF of 2015 dated 31-03-2015 respectively strictly as per rule 38 of Forest Protection Force Rules 2012 issued vide SRO 264 dated 09-08/2012.
11. The Commissioner/Secretary Forests J&K Government vide No FST/FPF/19/2017 dated 06-02-2018 has inadvertently or by mistake reflected in the communication addressed to the Director Forest Protection force J&K , Jammu the cadres of ( Executive Staff) Inspectors Divisional instead of State cadre, Deputy Inspectors District cadre instead of Divisional cadre, FPF Guards District cadre instead of Divisional cadre and (ministerial Staff) Senior Assistant District instead of Divisional cadre. Similarly these cadres were also notified in SRO 719 dated 25th October, 2019. On the basis of aforesaid communication Director FPF Guards of Srinagar and Kathua districts from Divisional Cadre to District cadre which further multiplied litigation regarding seniority in the Court of Law. In district cadre seniority junior will steal m arch over the senior in respect of Guards and Inspectors. If this mistake is not rectified at this point of time the settled seniorities issues of enrolled members will unsettled. In this regard the inspector/AD-II and Guards/DI have represented before the concerned authorities but no action was taken till date. Copy of communication dated 06-02-2018, SRO 719 dated 25th Oct, 2019 and representation I s enclosed as ANNEXURE NO. 3,4 and 5
12. That similar seniority dispute arose in the Forest territorial department regarding District cadre seniority (wherein the junior steal march over the senior) of Forests Guard, the issue ultimately came before the Hon’ble Court, Jammu. The Hon,ble High Court on dated 23-05-2008 settled the issue in clubbed SEP No 2093/2006 and SEP No 24/2007 titled Mohd Abbas S/o Abdul Gaffar R/o village Chinyos, Tehsil Gandoh, District Doda vs State of J&K and ors after seven years and directed the State and officials respondents to maintained the seniority of the Forest Guards on Divisional cadre. Copy of Judgment is enclosed As ANNEXURE No.6
13. That in this regard it is worthwhile to mention here that the seniorities of Inspectors and Guards have already been notified in the year 2015-16 by the Director J&K FPF on State and Divisional cadre under Forest Protection Force Rule 2012 and accordingly promoted to the rank of Assistant Directors-II and Deputy Inspectors in the same year.
14. It is, therefore, humbly requested that keeping in view the above mentioned facts and circumstance the necessary correction /modification of Inspectors cadre from Divisional to UT and Deputy Inspectors and Guards from District to Divisional cadre in the SRO 719 Notified on dated 25th Oct 2019 may kindly be ,made and the communication issued vide No FST/FPF/19/20107 dated 06-02-2018 may also be withdrawn I n the interest of administration as the seniority of Inspectors cadre in the state level and FPF Guards/Deputy Inspectors cadre in the Divisional/zone level have already been issued and acted upon under FPF Rules issued vide SRO 264 dated 09-08-2012

 

List of Court Cases

Forest Protection Force Court Cases Seniority Related High Court Jammu/Srinagar & CAT

1. LPA SW 143/2014 Rajesh chib & ors ( for final hearing)

Hearing Date : 01/10/2021 (SSRB merit)

1. SWP/1278/15 (main case ) Sandeep Kumar Sharma (C/w)

SWP/11/2015

SWP/2916/2016,SWP/1683/2017,SWP/326/2015

(For final haring ) Last Hearing date : 13/08/2020 (SSRB merit)

1. Parveen Kumar SWP 2009/2018 (CAT) Dairy No 10146/2020

T.A/7017/2020 subject SENIORITY (Divisional Level)

Next hearing date : 27/08/2021

1. Parveen Kumar (contempt) CCP (S) no 384/2019 inswp 2009/18

Next hearing 27/10/2021. (Division Level)

1. SWP 2131/2019 Kamal nain & ors Diary no 2426/2020
2. LPA 72/2020 Amandeep Bamotra & ors

Next hearing 24/08/2021.

1. Ashok kumar & ors Diary no 5585/2021 case no O.A/437/2021

Next hearing 31/08/2021

1. Rakesh Bhalla Diary no 6039/2021 case no M.A/711/2021

Reference T.A/8476/2020 last hearing 17/05/2021

1. Neem Omar Nawaz Gupkari & ors Diary no 6956/2021

Case no O.A/679/2021 n ext hearing 18/10/2021

1. Abdul Akbar Khan Dairy no 7725/2021 case no O.A/833/2021

Next hearing 31/08/2021.

1. Adil Jeelani & ors LPA/42/2019 next hearing 26/08/2021
2. SWP/2403/2018 Ayaz Ahmad Bhat and others
3. WP 2254/2019 manzoor Ahmad Reshi V/S UT of J&K other
4. WP (c) 2217/2019 Aftab Ahmad Mir and others
5. WP 168/2020 Ab Majeed lone and other

There are may litigations regarding seniority issue.

So we request your kind self that until the decision comes there should be no DPC otherwise it will be injustice to us. Hereby we request you that a decision should be taken by clubbing all seniority related issued and the decision that comes will be accepted by all of us.

Because some senior officials of FPF are getting DPC done without court order as they are benefiting the people closer to them.

Yours faithfully

J & K Forest Force

(Kashmir & Jammu Division)

Deputy Inspector