IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 34178 of 2004(S) -------------------------- OA.779/2000 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (GENERAL) FORESTS HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA RESPONDENTS: ------------- 1. P.K.ZACHARIA, S/O.LATE P.K.KURIAN, FOREST WORKING PLANT OFFICER, CIVIL STATION P.O., KOLLAM-691 018, RESIDING AT THONDAPURATH HOUSE, MYNAGAPPALLY, P.O., KOLLAM DISTRICT. 2. V.S.THOMAS, S/O.LATE V.K.SAKARIA, DEPUTY CONSERVATOR OF FORESTS(CO-ORDINATION) FOREST HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-14, RESIDING AT CHERIYAMADATHIL HOUSE, MANNANTHALA, THIRUVANANTHAPURAM. 3. S.RAVIKUMAR, S/O.LATE N.SREEDHARAN NAIR, DIVISIONAL FOREST OFFICER, RANNI, RESIDING AT DIVISIONAL FOREST OFFICERS QUARTERS, RANNI, RANNI P.O. 4. P.A.ABRAHAM, S/O.SRI.ANDREWS, DIVISIONAL FOREST OFFICER, RANNI, RESIDING AT DIVISIONAL FOREST OFFICERS QUARTERS, KOTHAMANGALAM. 2 5. K.ANTONY JOSEPH, S/O.LATE D.JOSEPH, DEPUTY CONSERVATOR OF FORESTS, RESEARCH(NORHT), TRICHUR RESIDING AT VANAPRIYA COMPLEX, PARAVATTANI, TRICHUR. 6. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, PARYAVARAN BHAVANM CGO COMPLEX, LODHI ROAD, NEW DELHI-100 003. 7. V.V.MOHANAN, S/O.V.M.VELAYUDHAN, DIVISIONAL FOREST OFFICER, CHALAKUDY, RESIDING AT VADAKKOOTU HOUSE, KOTTAKAMPAL P.O., R6 BY ADV. SRI.A. DINESH RAO, CGC R1 TO R5 BY ADVS. SRI.O.V.RADHAKRISHNAN (SR.) SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH SRI.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 26.2.2004 IN I.A.NO. 779 OF 2000 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 12.6.1998 IN W.A.NO.1029 OF 1998 OF THE HIGH COURT OF KERALA. EXT.P3 STRUE COPY OF THE NOTIFICATION NO. 17013/09/99-IFS-11 DATED 30.6.2000 OF THE MINISTRY OFENVIRONMENT AND FOREST. RESPONDENTS' EXHIBITS:; NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C.No. 34178 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT C.N. Ramachandran Nair,J. This W.P.C. is filed by the State challenging Ext.P1 order of the Central Administrative Tribunal cancelling the reversion of respondents 1 to 5 from the Indian Forest Service. It is reported that all the contesting respondents have retired from service after continuing in service as members of IFS. In fact it is seen from the Tribunal's order that respondents 1 to 5 are promoted to Indian Forest service during 1991-92 and 1993-94 and they continued in that cadre until retirement. W.P.C. is filed by the State on the ground that reversions are effected only after refixation of seniority based on a judgment of this Court. The order was issued by the Central Government and Central Government has not chosen to challenge the Tribunal's order. It is also seen that there are no rival claimants for the posts given to respondents 1 to 5. Since respondents 1 to 5 have enjoyed the benefit of Tribunal's 2 order, we do not find any justification to entertain the challenge against Ext.P1 more so when respondents were promoted to the cadre of Indian forest service during 1991-92 and 1993-94. W.P. is therefore dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3