IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 26106 of 2011(K) -------------------------- PETITIONER: --------------- SAIDALAVI.K.M., FORESTER, VARAYAL FOREST STATION, P.O.VARAYAL, PERIA RANGE, NORTH WAYANAD DIVISION, WAYANAD-673001. BY ADV. MR. KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST & WILDLIFE SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMN.) FOREST HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 3. THE FOREST CONSERVATOR, CENTRAL CIRCLE, THRISSUR-680001. BY GOVERNMENT PLEADER MR. E.M. ABDUL KAHDER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26106 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE MEMO OF CHARGES DATED 22-09-2007 TOGETHER WITH THE STATEMENT OF ALLEGATIONS. EXT.P2 TRUE COPY OF THE ORDER DATED 22-8-2009. EXT.P3 TRUE COPY OF THE ORDER DATED 24-6-2011. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 4-7-2011 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 26..09.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 26106 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To issue a writ of certiorari quashing Ext. P3 to the extent to which denies promotion to the petitioner to the post of Deputy Ranger and to the extent to which is grants promotion to the petitioner's juniors i.e. Sl. No. 12 to 25 in the chart in Ext. P3 who are Sl. Nos. 452 to 490 in the seniority list; ii. To issue a writ of mandamus directing the respondents to promote the petitioner to the post of Deputy Ranger with retrospective effect, that is with effect from the date prior to the date on which his immediate junior was promoted to the post of Deputy Ranger. iii. To declare that denial of promotion to the petitioner while granting promotion to his immediate juniors i.e. Sl. No. 12 to 25 in the chart in Ext. P3 is unjust, illegal and arbitrary. iv. To issue a writ of mandamus directing the 2nd respondent to take a decision in Ext. P4 representation within a time frame to be fixed by this Hon'ble Court; v) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case. 2. After filing the above Writ Petition, the petitioner has filed I.A. No. 16939 of 2011, producing a copy of the representation dated W.P. (C) No. 26106 of 2011 : 2 : 26.09.2011 preferred before the first respondent and marked as Ext. P5. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the first respondent to have considered Ext. P5 in accordance with law, within a reasonable time. 3. Heard the learned Government Pleader as well. 4. In view of the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case. The Writ Petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext. P5, in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with copies of the Writ Petition and I.A. before the first respondent for further steps. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd