IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 11482 of 2008(P) -------------------------- PETITIONER(S): --------------- M.MURALI, DEPUTY CONSERVATOR OF FORESTS (RTD), 2/30 C, ASWATHI, EAST HILL, WEST HILL P.O., CALICUT 673 005. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E)(AUDIT), KERALA, INDIA AUDIT AND ACCOUNT DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, THIRUVANANTHAPURAM. 4. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (GENERAL), FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY G.P. SHRI P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF ORDER DATED 19.1.2003 EXT.P2-TRUE COPY OF REPRESENTATIONS DATED 1.3.07 SUBMITTED BY THE PETITIONERs EXT.P3-TRUE COPY OF REPRESENTATION DATED 21.12.07 OF THE PETITIONERs EXT.P4-TRUE COPY OF JUDGMENT DATED 2.8.06 IN WPC NO.9511/06 BY THIS COURT. EXT.P5-TRUE COPY OF LETTER DATED 25.2.08 BY R1. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11482 of 2008-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT The petitioner, while working as Deputy Conservator of Forests, retired from service on 30.1.2005. He was promoted as Deputy Conservator of Forests (Non- cadre) on 1.6.2000 by order dated 9.1.2003. The first respondent had passed an order, Ext.P1 granting the benefit of Senior Grade to as many as 87 Assistant Conservator of Forests with effect from the dates noted against their names. The petitioner is serial No.78 in the above order. He is entitled to get Senior Grade from 1.6.2000 and thus he is also entitled to get the monetary benefits attached to the post from the date of effect of Senior Grade. In various writ petitions, this court had considered the matter. Ultimately, it was held that the petitioners therein are entitled to pay attached to the higher grade with effect from the respective dates on which each of them was given promotion as Senior Grade. In Writ Appeal Nos. 2215/2003 and 2157/2003 the said decision was upheld. 2. The petitioner had been representing the matter by filing Exts.P2 and P3. Again, some other officers who were denied the said benefit, approached this court and by Ext.P4 judgment, this court allowed the writ WPC 11482/2009 2 petitions with a direction to the respondents to grant monetary benefits to the petitioners therein including arrears with effect from the respective dates of assignment of Senior Grade to them as shown against their names in Ext.P6 therein. This court after following the decision reported in Somukuttan Nair v. State of Kerala (1997 (1) KLT 601), held that “it is not open to the Government to take up the stand that the benefit of the court decision will be confined to the parties to those writ petitions and will not be granted to similarly situated persons.” In spite of the same, by Ext.P5 the petitioner's claim was rejected stating that he was not a party to the judgment. The said reason pointed out in Ext.P5 cannot be accepted in the light of the above binding decision of this court as referred to above. 3. Therefore, the writ petition is allowed. Ext.P5 is quashed. There will be a direction to the respondents to grant monetary benefits to the petitioner consequent on Ext.P1 including arrears from 1.6.2000, the date of assignment of Senior Grade. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. (T.R. Ramachandran Nair, Judge.) kav/