IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4420 of 2009(A) ------------------------- PETITIONER(S): --------------- G.M. KOCHUKANJIRAM, DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION, KOTTAYAM, RESIDING AT KOCHUKANJIRAM HOUSE VELOOR, KOTTAYAM -3. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. ADV.SRI.M.P.PRAKASH, SPECIAL GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4420/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2009 J U D G M E N T The petitioner is working as Divisional Forest Officer Timber Sales Division, Kottayam. He entered into service as a Forest Range Officer on 27/10/1984 and after successive promotions, he joined the present station on 16/07/2007. The writ petition is filed seeking for a direction to the first respondent to consider and pass orders on Ext.P2 representation within a time limit to be fixed by this Court. 2. The substantial claim sought for in Ext.P2 is to assign his date of promotion as Assistant Conservator of Forests with effect from 13/12/2000 or earlier and to fix his seniority position above Mr.I.Siddique, Assistant Conservator of Forests who was appointed as Forest Ranger as his junior. It is pointed out by the learned counsel for the petitioner that in the provisional seniority list published in 15/01/1996, even though the seniority of Rangers as regards serial No.1 to 140 was fixed as per the Kerala Forest Subordinate Service Rules, 1962 or the Kerala State & Subordinate Service Rules, 1958 as the case may be but in the same list from serial Nos.141-260 seniority was not fixed as per the aforesaid rules. The erroneous preparation of seniority list resulted in many Junior Rangers W.P.(C) No.4420/2009 -:2:- getting seniority positions above the Senior Rangers in the case of Rangers from serial Nos.141-260. The petitioner was assigned rank No.147 in the provisional seniority list published on 25/06/1992. But he was lowered to serial No.168 in the ranked list published on 15/01/1996. Therefore, 22 Rangers junior to him were assigned higher ranks than that of the petitioner. It is pointed out that even though he submitted representation to the competent authority to rectify the anomaly and to recast the seniority in accordance with the Rules, the final seniority list was published without any modifications in the position of seniority. 3. It is the case of the petitioner that the relevant rules namely, the Kerala Forest Subordinate Service Rules and Kerala State and Subordinate Service Rules have not been properly considered while fixing the seniority position in the final seniority list. 4. Heard the learned Special Government Pleader and the learned counsel for the writ petitioner. In Ext.P2 the details as to the position which the petitioner ought to have been assigned in the seniority list has been stated. 5. The matter is now pending before the appropriate authority. The petitioner is relying upon various documents produced along with W.P.(C) No.4420/2009 -:3:- Ext.P2. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P2 within a period of three months from the date of receipt of the copy of this judgment after hearing the petitioner and any other affected parties. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE