IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32746 of 2009(K) -------------------------- PETITIONERS: --------------- 1. L. ANANDA BABU, S/O. LAKSHMANAN, AGED 47 YEARS, RESERVE FOREST WATCHER, OLAVAKKODE RANGE, PARLE CHECK POST, PALAKKAD DIST. 2. K. SASINDRAN, S/O. P. GOPALAN NAIR, AGED 47 YEARS, RESERVE FOREST WATCHER, DEVIKULAM FOREST RANGE PONMUDI SECTION, MUNNAR DIVISION. BY ADV. MR. V.A.MUHAMMED RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, PALAKKAD DIVISION, 3. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION. 4. THE WILD LIFE WARDEN, SILENT VALLEY DIVISION, MANNARKKAD. PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32746 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 16th day of November 2009. JUDGMENT The petitioners are Forest Watchers. They aspire promotion to the post of Forest Guards. As per Rules, 10% quota of the Forest Guard was reserved to be filled up by transfer from among Forest Watchers. The petitioners applied for selection to the post of Forest Guard. But their requests have been turned down stating that they have crossed the age of 45 years and the age limit prescribed for selection to the post of Forest Guard by transfer is 45 years. According to the petitioners, on the admission of the learned Government Pleader appearing, in Ext.P7 judgment, this Court has held that the age limit is 50 years. Petitioner therefore seeks the following reliefs. (i) call for the records relating to Exhibits P-4 and P-6 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) declare that the Petitioners are qualified for by-transfer appointment to the post of Forest Guard. (iii) issue a writ of mandamus or other appropriate writ order or direction W.P.(C). No. 32746 OF 2009 2 commanding the Respondents to promote the Petitioners as Forest Guard under by- transfer appointment in terms of the Special Rules. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. 2. I have heard the learned Government Pleader also. 3. Petitioners have filed Exts. P3 and P5 representations in this regard. I am of the opinion that in view of Ext.P7 judgment, the first respondent should consider Exts.P3 and P5 representations in the light of Ext.P7 judgment of this Court before selection to the vacant posts of Forest Guard in the quota prescribed for appointment by transfer from among Forest Watchers is finalized. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Exts.P3 and P5 in the light of Ext.P7 judgment, before the selection to the post of Forest Guard in the vacancies set apart for appointment by transfer is finalized. (S. SIRI JAGAN) JUDGE kkms/