IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 29338 of 2009(J) -------------------------------------- PETITIONER: ------------------- AYYAPPAN.P, RETD. FORESTER, THENEZHATHU PARAMBIL, NORTH GATE, VAIKOM, KOTTAYAM DISTRICT, PIN CODE-686 141. BY ADV. SMT.P.V.ASHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29338/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. Q1 8/96 DTD. 23/09/96 OF THE WILD LIFE WARDEN. EXT.P.2: COPY OF THE RELEVANT PORTION OF THE PENSION BOOK OF PETITIONER. EXT.P.3: COPY OF THE G.O.(P).180/2006/FIN. DTD. 18/04/06. EXT.P.4: COPY OF THE AUTHORIZATION DTD. 19/08/08 ISSUED BY R.3. EXT.P.5: COPY OF THE REPRESENTATION DTD. 19/09/08 OF PETITIONER TO R.3. EXT.P.6: COPY OF THE REPRESENTATION DTD. 14/10/08 OF PETITIONER TO R.3. EXT.P.7: COPY OF THE LETTER DTD. 05/02/09 THE ASSISTANT ACCOUNTS OFFICER. EXT.P.8: COPY OF THE LETTER DTD. 17/03/09 OF PETITIONER ALONG WITH CERTIFICATE DTD. 16/03/09 OF WILDLIFE WARDEN. EXT.P.9: COPY OF THE PENSION AUTHORIZATION DTD. 17/06/09. EXT.P.10: COPY OF THE REPRESENTATION DTD. 24/06/09 OF PETITIONER TO R.3. EXT.P.11: COPY OF THE REPRESENTATION DTD. 14/10/08 OF PETITIONER TO R.3. EXT.P.12: COPY OF THE PENSION AUTHORIZATION DTD. 24/09/08 ISSUED TO A FORESTER. EXT.P.13: COPY OF THE RELEVANT PORTION OF G.O.(P) 3000/98/FIN. DTD. 25/11/98. EXT.P.14: COPY OF THE RELEVANT PORTION OF G.O.(P).145/06/FIN. DTD. 25/03/06. EXT.P.15: COPY OF THE PENSION AUTHORIZATION DTD. 17/11/09. EXT.P.16: COPY OF THE LETTER DTD. 22/03/2010 OF THE WILD LIFE WARDEN. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29338 OF 2009(J) -------------------------------------------------- Dated this the 5th day of July, 2010 J U D G M E N T Petitioner retired as an Assistant Wildlife Warden on 31.1.1997. By Ext.P3 Government Order the scheme of “One Rank One Pension” was introduced and petitioner applied for the benefit. Accordingly, Ext.P4 authorisation was issued by the 4th respondent. In that authorisation his designation was shown as Wild Life Assistant Grade-II and the revised scale of pay was shown as 7990-12930. Petitioner represented against both the designation and the scale shown in the authorisation and finally Ext.P9 authorisation was issued by the 4th respondent. In Ext.P9, his designation was shown as Wildlife Assistant Grade I and the applicable scale was shown 9190-15510. 2. Against Ex.P9 authorisation also, the petitioner represented by submitting Ext.P10 and Ext.P11. There was no response and therefore filed this writ petition seeking a direction for issuance of authorisation with the designation Assistant Wild Life Warden or its equivalent post of Forest Ranger, with the correct pay scale as applicable to him. WPC.No.29338 /09 :2 : 3. During the pendency of the writ petition, Ext.P15 authorisation was issued by the 4th respondent. In Ext.P15 though the designation of the petitioner has been correctly shown as Assistant Wild Life Warden and the revised scale of pay mentioned is 9190-15530. 4. The case of the petitioner is that, his designation should be retained as Assistant Wild Life Warden and the pay scale that is applicable to him should be that of the Forest Ranger. The justification offered by the respondents is that there is no post of Assistant Wild Life Warden in existence and therefore the petitioner is entitled to the pay attached to the post of Wild Life Assistant Grd.I. However, as already stated, the post equivalent to that of Assistant Wild Life Warden is that of Forest Range Officer. If that be so, going by Ext.P13, the pay as revised by Government Order dated 25.11.1998, the scale of pay applicable to Forest Ranger and equated categories is Rs.6675-10550. This was again revised by Ext.P14 order dated 25th March, 2006 and the corresponding revised scale of pay is 11070-18450. Necessarily, therefore the scale of pay as indicated in Exts.P7, P9 and P15 is erroneous and needs to be revised. WPC.No.29338 /09 :3 : Therefore, the writ petition is disposed of directing the 3rd respondent to issue fresh authorisation, indicating the scale of pay in the scale of 11070-1845, as applicable to the petitioner. Needful shall be done by the 3rd respondent within 3 months from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/