IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 10907 of 2009(G) -------------------------------------- PETITIONER(S): --------------------- SATHISH WILLIAMS, DEPUTY CONSERVATOR OF FORESTS (RESEARCH), PALAKKAD. BY ADV. MR.BABU JOSEPH KURUVATHAZHA MR.K.I.SAGEER RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST,PARIYAVARAN BHAVAN, CGO COMPLEX, LODI ROAD,NEW DELHI-110 003. 2. UNION PUBLIC SERVICE COMMISSION, SHAJAHAN ROAD, DHOLPUR HOUSE, NEW DELHI-110 069 REP.BY ITS SECRETARY. 3. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPT.OF FOREST AND WILD LIFE, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 4. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,FOREST HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 5. THE CHIEF CONSERVATOR OF FORESTS(ADMN.), FOREST HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 6. THE SELECTION COMMITTEE CONSTITUTED UNDER REGULATION 3 OF THE INDIAN FOREST SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS,1966, TO CHOOSE THE CANDIDATES FOR IFS FROM THE STATE OF KERALA,OFFICE OF THE UNION PUBLIC SERVICE COMMISSION, NEW DELHI REP.BY ITS PRESIDENT,(MEMBER, UNION PUBLIC SERVICE COMMISSION), OFFICE OF THE UNION PUBLIC SERVICE COMMISSION, SHAJAHAN ROAD, DHOLPUR HOUSE, NEW DELHI-110 069. WP(C).No. 10907 of 2009(G) 7. L. KRISHNA PRASAD, DIVISIONAL FOREST OFFICER,RANNI, RANNI.PO,PATHANAMTHITTA DISTRICT, PIN-689 672. 8. M.L.THOMAS,DIVISIONAL FOREST OFFICER, THRISSUR DIVISION, AYYANTHOLE.PO, THRISSUR. 9. S.SIVADAS, WILD LIFE WARDEN, SILENT VALLEY NATIONAL PARK, MANNARKKAD.P.O, PALAKKAD DISTRICT. 10. JOSEPH THOMAS,DIVISIONAL FOREST OFFICER, KOZHIKODE DIVISION,NEW BLOCK, 6TH FLOOR, CIVIL STATION, KOZHIKODE. 11. A.R. SASIKUMAR,DIVISIONAL FOREST OFFICER, NORTH WAYANAD FOREST DIVISION, MANANTHAWADY.PO, WAYANAD DISTRICT. R3 TO R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R2 & R6 BY ADV. MR.THOMAS MATHEW NELLIMOOTTIL,SC UPSC R1 BY ADV. MR.P.PARAMESWARAN NAIR, ASST. SG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10907 of 2009(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE APPROVED SENIORITY LIST OF ASSISTANT CONSERVATORS OF FORESTS WORKING UNDER THE 3RD RESPONDENT AS ON 01/01/2006 AND 01/01/2007 PUBLISHED BY THE 5TH RESPONDENT. EXT.P2: COPY OF THE LIST OF CANDIDATES SUBMITTED BY THE 3RD RESPONDENT FOR THE CONSIDERATION OF THE 6TH RESPONDENT FOR THE PURPOSE OF CONFERRING IRS, TO THE VACNCIES AS ON 01/01/2006. EXT.P3: COPY OF THE SELECT LIST PREPARED BY THE 3RD RESPONDENT AND SUUBMITTED TO THE CONSIDERATION OF THE 6TH RESPONDENT FOR CONFERRING IFS TO THE VACANCIES OCCURRED AS ON 01/01/2007. EXT.P4: COPY OF THE DETAILS OF DISCIPLINARY PROCEEDINGS PENDING AGAINST THE PERSONS INCLUDED IN EXT.P3. EXT.P5: COPY OF THE DETAILS OF CRIMINAL PROCEEDINGS PENDING AGAINST THE OFFICERS OF EXT.P3, SUBMITTED BY THE 3RD RESPONDENT TO THE CONSIDERATION OF THE 6TH RESPONDENT ALONG WITH EXT.P3. EXT.P6: COPY OF THE DETAILS OF CERTIFICATES REGARDING COMMUNICATION OF ADVERSE REMARKS PERTAINING TO THE OFFICERS INCLUDED IN EXT.P3, SUBMITTED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT ALONG WITH EXT.P3. EXT.P7: COPY OF THE DETAILS OF PENALTIES IMPOSED ON THE OFFICERS INCLUDED IN EXT.P3 SUBMITTED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT ALONG WITH EXT.P3. EXT.P8: COPY OF THE STATEMENT REGARDING THE AVAILABILITY OF ANNUAL CONFIDENTIAL REPORT OF THE OFFICERS OF EXT.P3 SUBMITTED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT. EXT.P9: COPY OF THE STATEMENT SHOWING COURT CASES AND COURT ORDERS, HAVING BEARING ON EXT.P3, SUBMITTED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT ALONG WITH EXT.P3. EXT.P10: COPY OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT, HELD ON 09/07/2008, AT NEW DELHI. EXT.P11: COPY OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT, HELD ON 08/08/2008 AT THIRUVANANTHAPURAM. EXT.P12: COPY OF THE OFFICE MEMORANDUM NO.35034/7/97-ESTT. (D) DATED 08/02/2002 ISSUED BY THE MINISTRY OF PERSONAL PUBLIC GRIEVANCES AND PENSIONS OF THE 1ST RESPONDENT UNION OF INDIA. EXT.P13: COPY OF THE OFFICE MEMORNDUM BEARING NO.35055/7/97-ESTT/(D) DATED 16/02/2005 ISSUED BY THE GOVERNMENT OF INDIA. WP(C).No. 10907 of 2009(G) EXT.P14: COPY OF THE NOTIFICATION DATED 17/11/2008 PUBLISHED BY THE 1ST RESPONDENT. EXT.P15: COPY OF THE NOTIFICATION DATED 06/01/2009 PUBLISHED BY THE 1ST IN THE GAZETTE OF INDIA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.10907 of 2009 -------------------------------------- Dated 9th June, 2009 JUDGMENT Exhibits P10, P11, P14 and P15 orders appointing respondents 8 to 11 by promotion to the Indian Forest Service are under challenge in this writ petition. In my opinion, if the petitioner is aggrieved by Exts.P10, P11, P14 and P15 orders, his remedy lies in moving the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. The writ petition is accordingly dismissed without prejudice to the right of the petitioner to move the Central Administrative Tribunal, Ernakulam Bench constituted under the Administrative Tribunals Act, 1985 seeking redressal of his grievances. P.N.RAVINDRAN Judge TKS