IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 2100 of 2003(Y) ---------------------- PETITIONER: ------------ SIVARAJAN S/O. KUNJAPPAN, MANALADI, MANGALAM DAM, ALATHUR TALUK, PALAKKAD DISTRICT BY ADV. SRI.P.R. VENKETESH. RESPONDENTS: ------------- THE CUSTODIAN VESTED FORESTS, OLAVAKKODE, PALAKKAD. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.2100/2003 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE FIR IN CRIME NO.14/1995 ON THE FILES OF THE FIRST CLASS MAGISTRATE, ALATHUR EXT.P2. TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT IN JULY 2001. EXT.P3. TURE COPY OF JUDGMENT DT. 13-6-02 IN O.P.NO.15849/02 OF THIS HON'BLE COURT. EXT.P4. TRUE COPY OF THE ORDER DT. 20-9-02 OF THE RESPONDENT. EXT.P5. MALAYALA MANORAMA PAPER REPORT DT. 5-8-2001. / TRUE COPY / P.A. to JUDGE KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.2100 of 2003 ---------------------------------------------- Dated 4th January, 2008. J U D G M E N T Petitioner is aggrieved since he is not paid wages after 18.9.1995 in the post of Forest Watcher cum Fire Watcher. According to the petitioner, he has worked in the post for more than two years. The Conservator of Forests considered the case of the petitioner and passed Ext.P4 order. According to the petitioner, he has been sent out and has been denied wages only because he was not party to the illegal activities carried on in the forest with the connivance of certain officers. A detailed counter affidavit has been filed on behalf of the respondent. Learned Government Pleader submits that pursuant to the direction issued by this court, an additional affidavit also has been filed regarding the encroachment of forest land. Be that as it may, as far as the petitioner is concerned, his grievance is that he has not been paid wages for the period he actually worked. In view of the disputed questions of fact involved in the writ petition, I am of the view that this is a matter to be considered by the Government with OP NO. 2100/03 2 reference to the records. If as a matter of fact, the petitioner has worked after May, 1995, for the period he has actually worked, he should be paid wages. In the event of the petitioner filing an appropriate representation before the Secretary to Government, Forest and Wild Life Department within a period of two months from today, the said authority shall look into the matter with notice to the petitioner, refer to the records and if it is found that the petitioner had actually been engaged after 18.9.1995, he shall be paid wages. The needful as above shall be done within three months from the date of receipt of the representation along with a copy of the judgment. The writ petition is disposed of as above. C.M.P.No.3800/03 : Dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.2100 of 2003 ---------------------------------------------- J U D G M E N T Dated 4th January, 2008.