IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 25099 of 2010(J) -------------------------- PETITIONER(S): --------------- K.K.JAYAPRAKASH, FOREST GUARD,VELLIKULANGARA RANGE,CHALAKKUDY, THRISSUR. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY SECRETARY TO FOREST DEPARTMENT,TRIVANDRUM. 2. THE CHIEF FOREST CONSERVATOR (ADMINISTRATION),TRIVANDRUM. 3. THE CONSERVATOR OF FOREST, CENTRAL CIRCLE,TRICHUR. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25099 of 2010 (J) --------------------------------- Dated, this the 11th day of August, 2010 J U D G M E N T On 08/03/1999, the petitioner joined service as a Forest Guard. While working in that post, he got appointment and joined in the Scheduled Tribes Development Department on 25/08/2003. However, on the request of the petitioner, he was reverted back to the parent department, where he joined on 26/05/2005. Counting the entire services, including the service rendered by him in the Scheduled Tribe Development Department, he claimed time bound higher grade. That was rejected by Ext.P4 dated 06/11/2007. Against Ext.P4, the petitioner submitted Ext.P5 representation to the 1st respondent through the 2nd respondent. The 2nd respondent has not forwarded the representation. It is in these circumstances, the writ petition has been filed. 2. Reason stated for rejecting the claim of the petitioner for time bound higher grade contained in Ext.P4 reads as follows :- “On verification of the Service Book of the incumbent it is found that Sri.K.K.Jayaprakash, Forest Guard has not completed 8 WP(C) No.25099/2010 -2- years of service in the category of Forest Guard. As per GO(P)145/06/Fin. dated 25/03/2006, Para-16, time bound higher grade admissible will be determined with reference to the initial entry post in the present Department only. Service in posts having same scale will not be treated as qualifying service. Hence the incumbent is not eligible for getting higher grade on completion of 8 years of service in the entry cadre.” Going by the Government Order governing grant of time bound higher grades, the reason stated in Ext.P4 cannot be said to be erroneous. In that view of the matter, I am not persuaded to think that the claim of the petitioner is justified. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg