IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 22262 of 2005(A) -------------------------- PETITIONER: --------------- N.SREEKUMAR, FORESTER, SOCIAL FORESTRY, PATHANAMTHITTA. BY ADV. SRI.K.S.ROCKEY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FORESTS AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (GENERAL), VAZHUTHAKAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.NOBLE MATHEW FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: WP(C).No. 22262 of 2005(A) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY P.G.ANILKUMAR, FOREST GUARD BEFORE THE GOVT. OF KERALA, DATED 24.7.1995. EXT.P2: TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 25.2.1997 IN O.P.NO.4026/96-D EXT.P3: TRUE COPY OF THE GOVT. ORDER G.O(RT)NO.304/98/F&WLD DATED 29.6.1998. EXT.P4: TRUE COPY OF LETTER NO.E/2764/98 DATED 4.4.1991 OF 2ND RESPONDENT. EXT.P4(a): TRUE COPY OF DRAFT AMENDMENT SPECIAL RULES DTD. NIL EXT.P5: TRUE COPY OF JUDGMENT DATED 2.11.2000 OF THIS HONOURABLE COURT IN O.P.NO.5765/2000-J //TRUE COPY// PA TO JUDGE AB KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.22262 of 2005 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(i) Issue a writ of mandamus or any other writ, order or direction commanding the respondents to effect promotions to the posts of Deputy Rangers and Foresters based on strict seniority. (ii) Issue a writ of mandamus or any other writ, order or direction commanding the respondents to delete the provisions in Rule 2 and 3 of the Kerala Forest Subordinate Services Special Rules to the extent it provide first preference for first rank holders for promotion.” It is stated in the counter affidavit at paragraph 8 as follows :- “It is submitted that draft proposals were submitted to Government for amending Kerala Forest Subordinate Service Rules. This was under active consideration. By issuing orders amending the above provisions in the special rules the petitioner's grievances can be redressed. The draft proposals for amending the special rules are under the consideration of the Government. The Government had taken action to finalise the issue as early as possible as per the direction contained in the Ext.P5 for redressing the petitioner's grievances. Hence it is most humbly prayed that the writ petition is devoid of any merit and the same is liable to be dismissed.” The writ petition is disposed of directing the first respondent to finalize the action referred to in the counter affidavit, if not WP NO.22262/05 2 already finalized, within four months from the date of production of a copy of the judgment by the petitioner. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.22262 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.