Guwahati: The Gauhati High Court has allowed the Assam government more time to respond to a public interest litigation (PIL) challenging the third post-retirement extension granted to former Principal Chief Conservator of Forests (PCCF) and IFS officer M.K. Yadava as Special Chief Secretary (Forests).
A division bench comprising Chief Justice Ashutosh Kumar and Justice Kaushik Goswami on Thursday (October 15) adjourned the matter to November 6 after Additional Advocate General P.N. Goswami sought more time to file a counter-affidavit on behalf of the state government.
The petition was filed by eastern Assam-based conservationist Rohit Choudhury, who has challenged Yadava’s continued engagement in the post after his retirement in February 2024.
The petition contends that Yadava’s re-engagement was made despite findings of lapses by the Union Ministry of Environment, Forest and Climate Change during his tenure as Assam PCCF. These included the alleged diversion of forest land for non-forest use without prior approval of the Central government.
According to the petitioner, the state government was directed to proceed against Yadava under Sections 3A and 3B of the Van Sanrakshan Adhiniyam, 1980.
In an earlier order dated September 11, the court described the petition as challenging Yadava’s “post-retirement engagement” as Special Chief Secretary (Forest), a position carrying full financial and administrative powers.
It also noted that the Personnel Department’s 2018 office memorandum permits the contractual engagement of retired government officers only in “rare and exceptional circumstances”.
The court further underlined the requirement to assess satisfactory performance before any continuation or re-engagement.
Yadava retired as PCCF and Head of Forest Force on February 29, 2024, and was first re-engaged as Special Chief Secretary (Forest) in March that year. His tenure was subsequently extended by the Assam Cabinet in February 2025.
The Assam Cabinet approved his latest re-engagement at its meeting on May 14, 2026, for another six months with effect from May 12. The order granted him full financial and administrative powers, with his remuneration fixed on the basis of the last pay and allowances drawn at retirement, minus pension.
The terms of his engagement are governed by Personnel Department office memorandums dated July 18, 2018, and February 16, 2024.
Yadava’s continued appointment has faced criticism over allegations of irregularities and controversial decisions during his tenure as Special Chief Secretary (Forest). The petitioner has also raised concerns over forest land diversion decisions taken during Yadava’s tenure as PCCF.
The Union Environment Ministry had directed legal action against him over alleged violations of forest conservation laws in connection with the land diversion cases. The Assam government, however, did not initiate action, according to the petition.
PIL also raises concerns over Manas encroachments
The PIL also came before the Gauhati High Court on July 31 in connection with alleged encroachments in Manas National Park and Tiger Reserve, particularly in the Panbari and Betbari areas.
On that occasion, the court directed the concerned authorities to ensure that no further encroachment took place and issued notices to the Union Ministry of Environment, Forest and Climate Change and the National Tiger Conservation Authority, among others.