IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WA.No. 1383 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8709/2005 Dated 16/03/2005 .................... APPELLANTS/PETITIONERS: -------------- 1. P.SENLAL, PEON, O/O. ASST. CONSERVATOR OF FORESTS, MANKULAM SPECIAL DIVISION, ADIMALI, IDUKKI. 2. M.U.SUNNY, PEON, DO. DO. BY ADV. SRI.N.SUGATHAN SRI.A.V.RAMAKRISHNA PANICKER SMT.R.SEEMA SMT.VARSHA BHASKAR RESPONDENTS/RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMN.), VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE ASSISTANT CONSERVATOR OF FORESTS, MANKULAM SPECIAL DIVISION, P.O.ADIMALI, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R1 TO 3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1383 OF 2005 () ----------------------------------- Dated this the 26th day of September, 2008 J U D G M E N T KOSHY,J. The appellants herein were appointed as Peons on daily wages in the Mankulam Special Division of the Forest Department. They continued in service without any interruption. After 11 years of their service, they approached this Court by filing O.P.No.2252/1995 for regularisation of their service and as per the interim order, they continued in service. Now also they are continuing in service for more than two decades. For the first 11 years, they worked without the aid of any court order. Similarly placed employee namely Sri.P.T.Varghese, who had 17 years of experience as driver in the same department approached the Apex Court and Honourable Apex Court in that case ordered as follows: “Therefore, we direct the petitioner to make a representation to the concerned W.A.1383/05 2 authorities. If any such representation is made, the same will be considered by the authorities sympathetically. Representation is to be made within four weeks and to be considered within eight weeks thereafter. Adjourned this matter by twelve weeks.” The writ petition filed by the petitioners were disposed of by the learned Single Judge of this Court to consider the petitioners representation also and the learned Single Judge by Ext.P4 judgment also held that similar benefits as was given to the petitioner before the Supreme Court should be given to these petitioners also. Ext.P4 judgment reads as follows: “In the above circumstances, I dispose of the O.P. directing the 1st respondent to consider the case of the first and third petitioners (second petitioner already left) for a treatment similar to that of the incumbent in Ext.P8 order of the Supreme Court which has been implemented by the Government as per Ext.P9. Orders as above, shall be passed expeditiously. The interim order passed by this Court will continue till such time.” By Ext.P8 order, Government has rejected the claim. It is W.A.1383/05 3 stated in Ext.P8 as follows: “In the above circumstances, Government hereby reject the request of the petitioners for regularisation of their service as Peons in the Forest Department or for a similar treatment as in the case of Sri.P.T.Varghese.” Challenging this, petitioners approached this Court by filing W.P.(C).No.8709/2005 and the learned Single Judge dismissed the writ petition and hence this appeal is filed. We are of the view that by Ext.P4 judgment, this Court directed to give similar benefits as is given to Sri.P.T.Varghese and that judgment has become final, and therefore, a different stand cannot be made by the Government. On the basis of the Honourable Supreme Court judgment, Ext.P3 order was passed in the case of Sri.P.T.Varghese which is as follows: “Government have examined the matter in detail with the relevant rules and the policy decision ordered in the Government Order read as 1st paper above, in the light of the direction of the Hon'ble Supreme Court. Government are therefore pleased to order to W.A.1383/05 4 allow to continue Sri.P.T.Varghese as a driver in the Forest Department purely on provisional basis against a supernumery post created by invoking Rule 39 of the General Rules in K.S. & S.S.R.” In view of the categorical direction in Ext.P4 judgment which has become final, we are of the view that the appellants are also entitled to similar benefits as was given to Sri.P.T.Varghese as per Ext.P3 and since Ext.P8 is set aside, Government is directed to give similar benefits as was given to Sri.P.T.Varghese as per Ext.P3. Appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th September, 2008