IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 16153 of 2008(W) ---------------------------------------- PETITIONER(S): ------------------------ A.VISWANATHAN, S/O.A.CHARU, AGED 41 YEARS, FOREST GUARD, KARULAI FOREST RANGE, NILAMBUR SOUTH DIVISION, MALAPPURAM DIST. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ---------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS, TRIVANDRUM. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR SOUTH, MALAPPURAM DIST. 3. THE FOREST RANGE OFFICER, KARULAI FOREST RANGE, MALAPPURAM DIST. 4. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16153/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF THE 2ND RESPONDENT AS ORDER NO.E1-691/06 DT. 20.3.06. P2:- COPY OF THE ORDER OF THE 2ND RESPONDENT AS ORDER NO.E1.1813/08 DT., 15.5.08. P3:- COPY OF THE JUDGMENT IN W.A. NO.2145/03 DT. 13.1.04 OF THIS HONOURABLE COURT. P4:- COPY OF THE JUDGMENT DT. 21.6.07 IN WPC. NO.12006/05 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.16153 of 2008 -------------------------- Dated this the 2nd March,2009 J U D G M E N T The petitioner is presently working as Forest Guard in Karulai Forest Range in Nilambur South Forest Division in Malappuram District. Before his entry into the service, he was working in the military service from 14.5.1985 to 31.12.1991. On completion of 10 years he was granted first higher grade counting the military service. Presently he is seeking second higher grade based on the said service. Originally that was granted by Exhibit-P1. By Exhibit-P2 the said order was cancelled and there is a direction to refix the salary now drawn by the petitioner. According to the petitioner, the same is against the dictum laid down by the Division Bench of this Court in State of Kerala Vs. Sreedharan [2004 (1) KLT 398] . 2. The point raised by the petitioner is covered against him as per the Full Bench decision of this Court in W.P ( C) No.16153 of 2008 2 State of Kerala Vs. V.J. Philomina [2008 (1) KLT 666]. In that view of the matter, nothing survives in the writ petition. As held by the Full Bench, military service can be counted only for the purpose of granting first higher grade. In that view of the matter, Exhibit-P2 is perfectly valid and legal. Hence the writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.16153 of 2008 3 W.P ( C) No.16153 of 2008 4