IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18379 of 2010(V) -------------------------- PETITIONER: --------------- LATHIKA VISWANATHAN, W/O.LATE R.VISWANATHAN, ASSISTANT CONSERVATOR OF FORESTS (RETD.), LEELA NIVAS, UDAYANAPURAM.P.O., VAIKOM-686143, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL(A & E), KERALA, OFFICE OF THE ACCOUNTANT GENERAL), THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18379 of 2010 (V) --------------------------------- Dated, this the 14th day of June, 2010 J U D G M E N T The petitioner's husband, late Shri.R.Viswanathan, retired from service on 31/01/2000, as an Assistant Conservator of Forests. According to the petitioner, by Ext.P2, he was sanctioned senior grade with effect from 31/12/1995. However, the benefit of Ext.P2 was given only with effect from 09/01/2003, the date on which the said order was issued. 2. This issue according to the petitioner was the subject matter of litigation before this Court resulting in Ext.P3 judgment, where the claim was upheld and it was directed that the benefit of Ext.P2 should be given with effect from the date on which the benefit has been sanctioned and not from the date of the Order. It is stated that the judgment has been confirmed by the Division Bench by dismissing the appeal filed by the State, a copy of which is Ext.P4. 3. Soon after Ext.P4 judgment, the petitioner's husband WP(C) No.18379/2010 -2- expired on 26/12/2006 and as a result thereof, the matter could not be prosecuted. It is stated that coming to know about the details, the petitioner submitted Exts.P5 & P6 representations referring to Exts.P3 & P4 judgments and seeking the benefit of the said judgments. It is stated that although benefit of the judgments has been extended to several other persons, this benefit has not been extended to her so far. It is in these circumstances, this writ petition has been filed. If as stated by the petitioner, by virtue of the judgments relied on by her, her husband was eligible for the benefit, there is no reason why the claim shall not be considered. Be that as it may, having regard to the pendency of Ext.P6 representation, it is directed that the said representation shall be considered by the 1st respondent in the light of Exts.P2, P3 & P4 referred to above. Orders on Ext.P6 shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg