IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 30080 of 2008(E) -------------------------- PETITIONER(S): --------------- C.S.PRABHUDASAN, DEPUTY RANGE OFFICER, KARIMUTTY FOREST STATION, CHINNAR WILD LIFE SANCTUARY, MUNNAR WILD LIFE DIVISION, MARAYUR, IDUKKI DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, TO GOVERNMENT, VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30080/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF ORDER NO.8114/03 DATED 29-7-03 ISSUED BY THE 2ND RESPONDENT. EXT.P2. TRUE COPY OF RELEVANT EXTRACT OF SENIORITY LIST VIDE ORDER NO.E4-26705/03 DATED 7.1.04 OF THE 2ND RESPONDENT. EXT.P3. TRUE COPY OF ORDER NO.E1-2700/04 DATED 18.11.04 ISSUED BY THE 2ND RESPONDENT. EXT.P4. TRUE COPY OF G.O.(RT)NO.34/06/F&WLD DATED 12.1.06 ISSUED BY THE FOREST AND WILD LIFE DEPARTMENT, GOVT. OF KERALA. EXT.P5. TRUE COPY OF ORDER NO.E1.100/06 DATED 15.7.06 ISSUED BY THE 2ND RESPONDENT. EXT.P6. TRUE COPY OF G.O.(RT)NO.484/07/F&WLD DATED 30.8.07 ISSUED BY THE FOREST AND WILD LIFE DEPARTMENT, GOVT. OF KERALA. EXT.P7. TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 10.9.97 EXT.P8. TRUE COPY OF LIST OF DEPUTY RANGERS FOR PROMOTION BASED ON SENIORITY VIDE NO.E1-610/08 DATED 16.1.08 ISSUED BY THE 2ND RESPONDENT. EXT.P9. TRUE COPY OF ORDER NO.E1-700/08 DATED 24.6.08 ISSUED BY THE 2ND RESPONDENT. EXT.P10. TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 13.8.08. EXT.P11. TRUE COPY OF ORDER DATED 14.7.08 IN W.A.NO.1267/08 OF THIS HON'BLE COURT. EXT.P11(a). TRUE COPY OF ORDER DATED 27.8.08 IN W.A.NO.1267/08 OF THIS HON'BLE COURT. EXT.P12. TRUE COPY OF ORDER NO.E1-610/2008 DATED 11.12.2008 ISSUED BY THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30080 of 2008 ----------------------------------------- Dated this the 24th day of June, 2010 JUDGMENT The petitioner entered service as Forester on 6-10-1989. He was promoted as Deputy Ranger on 19-11-2001. His probation in the category of Deputy Ranger was declared satisfactorily completed with effect from 22-11-2002 as per Ext.P1 order dated 29-7-2003. As per the Special Rules for the Kerala Forest Subordinate Service, 50% of the posts of Rangers is to be filled up by promotion from the category of Deputy Rangers/Foresters. The grievance voiced by the petitioner in this writ petition is that though he is serial No.45 in the final seniority list of Deputy Rangers as on 1.1.2004, overlooking his seniority, persons ranked below him upto serial No.86 have been promoted as Rangers on the short ground that he was involved in Vigilance Case No.2/06/TCR. It is contended that in the final report filed in the said vigilance case the petitioner does not figure as an accused and that in such circumstances he is entitled to be promoted as Ranger with effect from the date on which his immediate junior Sri.K.P.Shaji, serial No.46 in the final seniority list was promoted to the said post by Ext.P5 order dated 15-7-2006. W.P(C).No.30080 of 2008 -:2:- 2. This writ petition was admitted and notice ordered to the respondents on 30-10-2008. On that day, based on the submission made by the learned Government Pleader that the petitioner is not an accused in the vigilance case, this Court passed an interim order directing the respondents to forthwith promote the petitioner as Ranger. This Court also directed that his entitlement for seniority and other benefits will be decided at the time of final disposal. 3. When the said interim order was not complied with, this Court passed another order on 3-12-2008 directing the second respondent, the Chief Conservator of Forests (Administration) to issue orders promoting the petitioner as Ranger, as directed by this Court earlier on the petitioner producing a copy of the order. Pursuant to the said order, the Principal Chief Conservator of Forests (Administration) has passed Ext.P12 order dated 11.12.2008 temporarily promoting the petitioner as Ranger. 4. Though this writ petition was admitted and notice ordered to the respondents on 30-10-2008, till date the respondents have not filed a counter affidavit. The respondents do not dispute the fact that the only reason for not promoting the petitioner along with his juniors when Ext.P5 order was passed was the petitioner's involvement in a W.P(C).No.30080 of 2008 -:3:- vigilance case. The respondents also do not dispute the fact that the petitioner is not arrayed as an accused in the said vigilance case. The fact that the petitioner is senior to Sri.K.P.Shaji, who was promoted as per Ext.P5, is also not in dispute. The post of Ranger is not a selection post. Promotions are made to the said category of post based on seniority. In such circumstances I am of the considered opinion that the petitioner was entitled to be promoted as Ranger along with his junior Sri.K.P.Shaji. I accordingly dispose of this writ petition with a direction to the second respondent to promote the petitioner as Ranger with effect from the date on which Sri.K.P.Shaji, serial No.8 in Ext.P5 order, was promoted to the said post. If the promotion of Sri.K.P.Shaji has not been regularised till date, the petitioner shall be promoted on a temporary basis with effect from the date on which Sri.K.P.Shaji was temporarily promoted. If Sri.K.P.Shaji has been regularly promoted as Ranger, the second respondent shall issue orders regularly promoting the petitioner to the category of Ranger with effect from the date on which Sri.K.P.Shaji was regularly promoted to the post of Ranger. Needless to say the petitioner will take his rank and seniority above Sri.K.P.Shaji and all other juniors placed below the petitioner in the W.P(C).No.30080 of 2008 -:4:- final seniority list of Deputy Rangers as on 1.1.2004. Necessary orders in that regard shall be issued expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. The petitioner will also be entitled to all consequential service benefits including arrears of salary and allowances. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30080 of 2008 ---------------------------- JUDGMENT 24th June, 2010