RASHID YAHYA NAQASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners herein, by the medium of the instant petition, have prayed for the following reliefs:-

(2.) It is being pleaded by the petitioners that the post of Assistant Wildlife Warden is a single cadre post having no promotional avenues, therefore, the respondent-State is legally obliged to create promotional avenues for the petitioners having regard to its constitutional obligations expressed under Article 14 and 16 of the Constitution of India. It is further pleaded that the promotion being a condition of service and having regard to the requirement thereof, there have to be rules of recruitment governing the service conditions of the petitioners which must provide avenues for promotion. However, in the case of the petitioners, as pleaded by them, the J&K Wildlife(Gazetted) Service Recruitment Rules, 1994 puts a complete embargo on future promotion of the petitioners and the fate of the petitioners is sealed for all time to come, therefore, prayed that the Rules framed in terms of SRO 158 of 1994 to the extent same does not provide for promotion to the petitioners are required to be declared as ultravires to the Constitution. It is further pleaded in the petition that in terms of the J&K Wildlife(Protection) Act, 1978, a Forest Officer means and includes the Forest Officer defined in Clause(f) of Sec. 2 of the J&K Forest Act, 1987.

(3.) The word "Forest" is defined as an eco system, an association of plants and animals. The definition of "Forester" as per Wikipedia is the Science, Art and Craft of creating, managing, using, conserving and repairing forests and associated resources in a suitable manner to meet desired goals, needs and values for human benefit. Furthermore, the forestry embraces a broad range of concerns, which includes natural water quality management, watershed management besides wildlife habitat. The State of Jammu and Kashmir has also notified the Jammu and Kashmir State Forest Policy, 2010 and the basic objective of the policy is conservation of biodiversity and natural habitat through preservation of natural forests with the vast variety of flora and fauna. The forest policy also provide for effective protection and management of forests and wildlife. Same is also being pleaded in the petition.