IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 25930 of 2000(J) ---------------------------------- PETITIONERS: --------------------- 1. N. VELAYUDHAN, GARDNER, SNAKE PARK, MALAMPUZHA, PALAKKAD DISTRICT. 2. N. MUHAMMED RAFI, SNAKE KEEPER, -DO- -DO-. 3. S. SAROJINI, SWEEPER, -DO- -DO-. 4. K. ARUMUGHAN, NIGHT WATCHMAN, -DO- -DO-. 5. V. MURALI, TICKET PUNCHING, -DO- -DO-. 6. BINEESH KUMAR, SNAKE KEEPER, -DO- -DO-. BY ADV. SRI.P.SANTHALINGAM, ADV. SRI.A.D.SHAJAN, ADV. SRI.R.SATISH KUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS, WILD LIFE, TRIVANDRUM. O.P. NO. 25930/2000-J: 3. SECRETARY TO GOVERNMENT, WILD LIFE (A) FOREST DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 4. DISTRICT FOREST OFFICER, (TERRITORIAL AND WILD LIFE) (JAYAPRASAD), PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SMT. N . SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 43616/2000 IN O.P. NO. 25930/2000-J DISMISSED 25/01/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE CHEQUES DT. 23/02/2000, 25/10/96 & 28/07/95 ISSUED BY D.F.O. PALAKKAD TO THE PETITIONER. EXT.P.1.A: COPY OF THE CHEQUES DT. 29/1094, 28/08/95, 18/12/98, 16/12/99 & 20/01/2000 ISSUED BY D.F.O, PALAKKAD TO THE PETITIONERS. EXT.P.1.B: COPY OF THE CHEQUES DT. 18/12/98, 20/08/99, 23/02/2000 ISSUED BY THE D.F.O, PALAKKAD TO THE PETITIONERS. EXT.P.1.C: COPY OF THE CHEQUES DT. 21/11/1994, 28/08/95, 30/03/98, 20/02/99 & 20/01/2000 ISSUED BY D.F.O, PALAKKAD TO THE PETITIONERS. EXT.P.2: COPY OF THE RECEIPT GIVEN BY THE P.4. DT. 21/02/97. EXT.P.2.A: COPY OF THE RECEIPT GIVEN BY THE P.2. DT. 21/12/97. EXT.P.2.B: COPY OF THE RECEIPT GIVEN BY SRI. C.P. BALAKRISHNAN DT. 21/02/97. EXT.P.2.C: COPY OF THE RECEIPT GIVEN BY THE P.1. DT. 21/02/97. EXT.P.2.D: COPY OF THE RECEIPT GIVEN BY SRI. N. MURALEEDHARAN DT. 21/02/97. EXT.P.2.E: COPY OF THE RECEIPT GIVEN BY P.3. DT. 21/02/97. EXT.P.3: COPY OF THE RELEVANT EXTRACT OF THE ATTENDANCE REGISTER BY THE NAME OF PETITIONERS. EXT.P.4: COPY OF THE LETTER NO. W.L3.3072/87 DT. 09/11/90 ISSUED BY THE R.2. TO THE R.3. O.P. NO. 25930/2000-J: RESPONDENT'S EXHIBITS: EXT.P.5.A: COPY OF THE CHEQUE FOR AN AMOUNT OF RS. 2262 RECEIVED BY THE P.3. ON 27/01/2003. EXT.P.5.B: COPY OF THE CHEQUE RECEIVED BY THE P.4. ON 27/01/2003 FOR AN AMOUNT OF RS. 3193/-. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.25930 of 2000-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008. JUDGMENT The substantial prayer in the original petition is for a direction to the respondents to regularise the petitioners in service and to grant them all consequential benefits. The first petitioner was engaged by the Forest Department to perform the duties of Gardner in the Snake Park at Malampuzha and similarly, other petitioners have also been engaged. Initially they were being paid a nominal amount which was later on enhanced to Rs.120/-. The payments are through cheques issued to each of them. The petitioners have approached this court on the strength of Ext.P4 letter written by the Chief Forest Conservator to the Secretary to Government, Forest Department, seeking to sanction sufficient posts in the cadre of Gardner, Keeper, etc. and to regularise them in service. 2. The respondents have filed a counter affidavit wherein, in paragraph 5 it is stated that the proposal forwarded as per Ext.P4 has been rejected by the Government according to the rules now in force and hence the petitioners cannot claim regularisation of their services as per the existing rules. They are not Government employees also. The counter OP 25930/2000 -2- affidavit further shows that there is no attendance register for them maintained in the Forest Department, but a muster roll is being maintained for marking their attendance. 3. In the light of the contentions raised by the Government as noted above, no direction can be issued at this stage to regularise the petitioners in service. Therefore, the original petition is dismissed. But if at any later point of time, posts are sanctioned and any consequent regularisation is proposed, the claim of the petitioners will be considered in accordance with the rules. (T.R. Ramachandran Nair, Judge.) kav/ OP 25930/2000 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.25930 of 2000-J - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th January, 2008.