IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 10820 of 2004(K) --------------------------------------- PETITIONERS: --------------------- 1. C.BHUVANACHANDRAN NAIR, AGED 44 YEARS, S/O. CHELLAPPAN PILLAI, SARITHA VIHAR, KAITHACKAL, KUTTICHAL P.O. 2. B.SASIKUMAR, AGED 37 YEARS, S/O. BHASKARAN KANNI, THOLIKODU, KIZHAKKUMKARA VEEDU, THATTAMMUKKU, AMBOORI P.O. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL, MR.T.A.PRASANTH. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SEQCRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WILD LIFE WARDEN (SANCTUARY), FOREST OFFICE, P.T.P. NAGAR, THIRUVANANTHAPURAM. 3. THE CONSERVATOR, WILD LIFE, FOREST OFFICE, VAZHUTHACAUD. 4. THE RANGER, OFFICE OF NAYYAR WILD LIFE SANCTUARY, NEYYAR DAM. 5. THE FORESTOR, CLAMALA SECTION-I, NEYYAR WILD LIFE SANCTUARY, NEYYAR DAM. 6. THE FORESTOR, HEAD QUARTERS, NEYYAR WILD LIFE SANCTUARY, NEYYAR DAM. R1 TO R6 BY SR.GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10820/2004-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(RT).NO.1265/02/LBR DTD. 21/05/2002 PUBLISHED AS PER GAZETTE NOTIFICATION ON 05/06/2002. EXT.P.2: COPY OF THE COMMUNICATION DTD. 01/06/2002 FROM CHIEF CONSERVATOR OF FOREST (WILD LIFE). EXT.P.3: COPY OF THE ORDER DTD. 17/06/1996 BY WHICH VACANCIES OF S.L.R. WORKERS ARE CREATED AND NEW SERVICE CONDITIONS WERE BROUGHT INTO FORCE. EXT.P.4: COPY OF THE RELEVANT PAGES OF PASS BOOK DTD. 10/12/96 OF TREASURY SAVINGS BANK ISSUED TO PETITIONER NO.1. EXT.P.5: COPY OF THE CHEQUE DTD. 20/11/2003 REGARDING PAYMENT OF WAGES TO P.1. EXT.P.6: COPY OF THE PASS BOOK DTD. 22/11/1990 OF TREASURY SAVINGS BANK ISSUED TO THE P.2. EXT.P.7.A: COPY OF THE CERTIFICATE DTD. 20/02/88 ISSUED BY THE R.2. TO THE P.2. EXT.P.7.B: COPY OF THE CERTIFICATE DTD. 10/05/89 ISSUED BY ASST. WILD LIFE WARDEN TO THE P.2. EXT.P.7.C: COPY OF THE CERTIFICATE DTD. 23/04/90 ISSUED BY THE ASST. WILD LIFE WARDEN TO THE P.2. EXT.P.7.D: COPY OF THE CERTIFICATE DTD. 25/05/91 ISSUED BY THE ASST. WILDLIFE WARDEN TO THE P.2. EXT.P.7.E: COPY OF THE CERTIFICATE DTD. 19/05/92 ISSUED BY THE ASST. WILDLIFE WARDEN TO THE P.2. EXT.P.7.F: COPY OF THE CERTIFICATE DTD. 17/06/94 ISSUED BY THE ASST. WILDLIFE WARDEN TO THE P.2. EXT.P.8: COPY OF THE ORDER DTD. 03/10/2003 IN W.P.(C).NO.31013/03 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBIT: EXT.R1.A: G.O.(RT).314/04/LBR DT. 29/01/04. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.10820 OF 2004 (K) -------------------------------------------------- Dated this the 21st day of December, 2009 J U D G M E N T First petitioner was a protection labourer on daily wages at Ananirathi and the 2nd petitioner was engaged for feeding animals and cleaning the cages of the animals, on daily wages. The first prayer in this writ petition is to revise the monetary benefits due to them, implementing the benefit of Ext.P1 order. 2. Along with the counter affidavit filed by the first respondent they have produced Ext.R1(a) Government Order dated 29th January, 2004 directing to keep Ext.P1 in abeyance, in view of the discrepancies that were noticed. Therefore Ext.P1 has not been implemented, and therefore, the petitioners cannot claim the benefit of Ext.P1. 3. The second prayer made is to provide the insurance coverage and safety gadgets and maintain dress code and to issue identity cards. In so far as the insurance coverage is concerned, the same is available only to regular employees and to temporary staff , with more than 5 years service. Petitioners do not satisfy this condition. If so, they cannot ask for this benefit. 4. As far as the prayer for gadgets is concerned, Government Pleader submits that at the place to which the WPC.No. 10820/04 :2 : petitioners' were allotted, there is a wireless station providing for communication. In so far as the prayer for maintaining dress code and issue of identity card is concerned, Government Pleader points out that these facilities are not available to daily wages employees like the petitioners. The third prayer is to maintain a muster roll and daily wages register. The counter affidavit shows that these documents are maintained. 5. The next prayer is to convert them as SLR workers. Paragraph 9 of the counter affidavit filed by respondents 2 to 6 show that this issue has already been turned down by this court in the judgment in O.P.NO.37833/02 and if so, this claim also cannot be considered. The last prayer made is for their continuance in service. Daily wages employees like the petitioners can be appointed subject to requirements and if so the petitioners cannot claim that they should be engaged continuously. Needles to say that it will be open to the respondents to allow the petitioners to continue in service depending upon on their requirements. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 10820/04 :3 :