GH QADIR LONE Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners are presently working as Assistant Managers in the J&K. State Forest corporation, hereinafter referred to as corporation. They were initially appointed in the Forest Department. During the course of their service career they came to be posted in the limbering undertaking and subsequently in the corporation, which was created under the Act of the state legislature in 1978. The petitioners opted for the service of the corporation and as such are employees of the said corporation. Allegedly all of them have put in 22 years of service in the Forest deptt/Govt. lumbering undertaking/corporation. They are all K.F.C trained.

(2.) THE State Govt. vide order No. 19 -GR Pf Of 1980 dated 26.4.1980, ordered that in due course of time the corporation shall build up its own cadre at various levels.

(3.) HAVING regard to the said Govt. Order, the corporation recognised three modes of appointment. One was those employees who had opted for the service of the corporation but had been in the service of the state Govt. before its existence. These employees became the Ëœin serviceâ„¢ employees of the corporation. The second category of employees was those who were, recruited directly, and the third category was of the employees who could be sent on deputation to the corporation In order to give opportunity to the three kinds of recruitment and to balance it reasonable, the Board of the corporation held a meeting in the year 1984 and 16th meeting took various decisions as regards the percentage required for various modes of appointment in the corporation. A format order was issued pursuant to the decision of the Board by the corporation. under SFC order. 337 of 1984 dated 23.5.1984. The Board took into consideration the hierarchy in the corporation and prescribed different percentages for mode of appointment for various levels. The said order is reproduced below for the sake of facility: