Gauhati HC seeks Assam govt response on reappointment of retired forest officer MK Yadava

The Gauhati High Court has sought the Assam government’s response to a public interest litigation challenging the reappointment of retired Indian Forest Service officer MK Yadava, who has been granted a third post-retirement contractual extension as Special Chief Secretary (Forest).

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury issued notice to the state government on September 11 and sought its response to the PIL by the next hearing on October 15.

Yadava, who retired in February 2024, was granted his latest extension on May 14 this year. His current tenure is scheduled to end on November 12.

The PIL, filed by Assam-based environmental activist Rohit Choudhury through advocate Abir Phukan, has challenged the reappointment and questioned the changes made by the Assam government to its policy governing post-retirement engagements.

PIL questions 2024 policy change

According to the petition, a 2018 Assam government office memorandum allowed post-retirement engagement only in “rare and exceptional circumstances” and envisaged consideration by a state-empowered committee.

The plea claims that the policy was modified in 2024 to remove the requirement for such committee consideration where a proposal had received prior approval from the Chief Minister.

The modification was made shortly before Yadava's superannuation, the petition alleged.

Yadava received post-retirement extensions in February 2024 and February 2025, followed by the latest re-engagement in May this year.

Choudhury has also questioned the latest appointment in light of adverse observations allegedly made by the Union Environment Ministry against the officer in connection with the use of forest land.

The petitioner has sought records and details forming the basis of the decision to grant Yadava his third extension. As interim relief, he has also sought a stay on any further extension beyond his present tenure.

Forest land diversion under scrutiny

The PIL refers to action initiated by the Environment Ministry over the use of forest land for Assam Police commando battalion camps in Geleky in Sivasagar district and Damchera in Hailakandi district.

The ministry's regional office in Shillong had directed the Assam Forest Department to initiate legal action against Yadava over the alleged authorisation of the two camps in violation of forest conservation law.

Yadava was issued a show-cause notice in May 2024 in connection with the alleged violation of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 2023.

The petition alleges that the camps were authorised over around 26 hectares in Geleky and 11 hectares in Damchera when Yadava was serving as Principal Chief Conservator of Forests and Head of Forest Force in Assam.

The Damchera camp had also attracted scrutiny from the Environment Ministry, which had directed the Assam government to stop work there in 2024.

The PIL points out that Chief Minister Himanta Biswa Sarma subsequently wrote to then Union Environment Minister Bhupender Yadav seeking post-facto approval for the camp, citing national security and the need to tackle forest encroachment. The approval was subsequently granted.

Choudhury has argued that the alleged diversion of forest land has wider public-interest implications, particularly in view of the floods reported from the Geleky area in July this year.

The Assam government is yet to respond to the allegations before the High Court.