IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 OP (CAT).No. 711 of 2010(S) --------------------------- OA.728/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ VELAPPAN.E., DEPUTY CONSERVATOR OF FOREST (NON CADRE) DIVISIONAL FOREST OFFICER (RETD) TIMBER SALES DIVISION, THIRUVANANTHAPURAM - 695 013 (RESIDING AT T.C. 14/351(1), 'VYASAPURI'. VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695033). BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST PARIYAVARAN BHAVAN, C.G.O.COMPLEX, LODI ROAD, NEW DELHI - 110003. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 1 3. UNION PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, SHAJAHAN ROAD, NEW DELHI - 110003. 4. THE SELECTION COMMITTEE FOR SELECTION TO THE INDIAN FOREST SERVICE CONSTITUTED UNDER REGULATION 3 OF IFS (APPOINTMENT BY PROMOTION) REGULATION 1966, REPRESENTED BY ITS CHAIRMAN, UNION PUBLIC SERVICE COMMISSION, NEW DELHI - 110003. 5. A.K.SALIM, DEPUTY CONSERVATOR OF FOREST (NON CADRE) (RETIRED), A.K.N.NAGAR, HOUSE NO.133, PEROORKADA P.O., THIRUVANANTHAPURAM - 695 005. 6. N.SETHUKUMAR, DEPUTY CONSERVATOR OF FOREST (NON CADRE) SPECIAL INVESTIGATION AND PROTECTION UNIT PARAMPUZHA, S.H.MOUNT P.O., KOTTAYAM - 686 032. 7. L.KRISHNA PRASAD, DEPUTY CONSERVATOR OF FOREST (NON CADRE)(RETIRED) PADMAVILASAM HOUSE, V.R.A. 70B, VETTAMUKKU THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006. 8. M.L.THOMAS, DIVISIONAL FOREST OFFICER, FLYING SQUAD, VELLAPPARA PAINAVU P.O. IDUKKI - 685 603. 9. S.SIVADAS, DEPUTY CONSERVATOR OF FOREST (NON CADRE) JUNIOR (RETIRED) ARYA VIHAR, PAZHAVEEDU P.O., ALAPPUZHA - 688 009. 10. JOSEPH THOMAS, DEPUTY CONSERVATOR OF FOREST (NON CADRE) OFFICE OF THE CHIEF CONSERVATOR OF FOREST (VIGILANCE) FOREST HEAD QUARTERS, THIRUVANANTHAPURAM - 695 014. 11. A.R.SASIKUMAR, DIVISIONAL FOREST OFFICER, FOREST FLYING SQUAD DIVISION, OLAVAKKODE P.O., PALAKKAD - 2. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... O.P.(CAT) No.711 of 2010 .................................................................... Dated this the 15th day of November, 2010. JUDGMENT Ramachandran Nair, J. The petitioner is a retired Forest official who appeared for selection to the Indian Forest Service from departmental employees. As Deputy Conservator of Forest, petitioner participated in the IFS selection process and he got rank No.8. However, as there were only three vacancies, petitioner did not get appointment to the IFS cadre. So far as the year 2007 is concerned, petitioner was not considered for selection because he was overaged by 21 days. In fact, petitioner retired from service on 31.12.2007. The O.A. was filed prior to superannuation contending that more vacancies would have been available for recruitment to the IPS cadre in the year 2006, if a Cadre Review was done. The prayer in the O.A. was to direct respondents to consider Cadre Review for 2006 and then consider selection from the rank list then prepared. According to the petitioner, if Cadre Review was taken, atleast 8 posts would have been available for promotees for 2 appointment to the IFS cadre. 2. After hearing the petitioner and after going through the CAT's order, we do not find any merit in petitioner's case because at the time of participating in the selection process in 2006, petitioner had no case that more vacancies are available if Cadre Review was done prior to selection. Further, even after selection and appointment of three persons from the list in 2006, petitioner did not file petition in time for a direction to respondents to consider Cadre Review for the year 2006. The petitioner obviously cannot now ask for fixation of Cadre Review with reference to 2006 and to consider notional promotion to him who has retired three years back. We do not find any merit in the O.P. (CAT) and the same is dismissed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms