IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29826 of 2003(A) -------------------------- PETITIONER: -------------- JOHN MATHEW, S/O. C.O. MATHEW, AGED 48 YEARS, WORKING AS DAILY WAGED MECHANIC GRADE II, FORESTRY TRAINING CENTRE, ARIPPA, THIRUVANANTHAPURAM RESIDING AT CHERUTHANNIYIL HOUSE, KIDANGOOR P.O., KOTTAYAM. BY ADV. SRI.R.SREERAJ SRI.M.R.HARIRAJ SMT.VINEETHA B. SMT.ANSU COTTAGIRI VARGHESE SMT.REKHA VASUDEVAN SRI.SURAJ.S SRI.P.A.KUMARAN SRI.K.S.SARATH KUMAR SRI.S.NITHIN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNNEL AND ADMINISTRATIVE REFORMS, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM. 3. CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 4. PRINCIPAL, KERALA FOREST SCHOOL, ARIPPA. BY GOVERNMENT PLEADER, SRI. A.J. JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 29826 of 2003(A) PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER NO.7/80 DATED 29.05.1980 ISSUED BY THE DEPUTY CONSERVATOR OF FOREST. EXT.P2 : TRUE COPY OF THE NOTIFICATION G.O.(MS) NO.78/89/F&WLD DATED 04.08.1989. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 20.08.1993. EXT.P4 : TRUE COPY OF THE CIRCULAR NO.9516/ADV.C1/92/P&ARD DATED 09.03.1995 ISSUED BY THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF JUDGMENT DATED 6.1.1998 IN OP 10639/94 OF THIS HONOURABLE COURT EXT.P6 : TRUE COPY OF ODER NO.13881/F1/91 DATED 6.3.1996 ISSUED BY THE THIRD RESPONDENT EXT.P7 : TRUE COPY OF THE LETTER DATED 31.10.1998 FURNISHED BY THE THIRD RESPONDENT EXT.P8 : TRUE COPY OF LETTER DATED 10.5.2002 ISSUED BY THE FOURTH RESPONDENT EXT.P9 : TRUE COPY OF REPRESENTATION DATED 10.5.2002 TO THE SECOND RESPONDENT EXT.P10 : TRUE COPY OF G.O.(P) NO.39.2002/P&ARD DATED 26.8.2002 ISSUED BY THE FIRST RESPONDENT EXT.P11 : TRUE COPY OF THE G.O.NO.460/2005/F&WLD DATED 23.8.2005 EXT.P12 : TRUE COPY OF REPRESENTATION DATED 5.10.2005 SUBMITTED BY THE PETITIONER TO THE HONOURABLE CHIEF MINISTER EXT.P13 : TRUE COPY OF LETTER NO.E6-25410/F1/05/FOREST DATED 24.6.2006 FORWARDED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT EXT.P14 : TRUE COPY OF ORDER NO.12384/F1/05/FOREST DT. 24.1.2007 ISSUED FOR THE SECOND RESPONDENT EXT.P15 : TRUE COPY OF THE RECRUITMENT RULES EXT.P16 : TRUE COPY OF THE ORDER NO.E2-14976/2005(2) ISSUED BY THE THIRD RESPONDENT DT. 24.3.2010 EXT.P17 : TRUE COPY OF THE LETTER NO.E1-526/03 ISSUED BY THE FOURTH RESPONDENT DT. 31.3.2010 /TRUE COPY/ PA TO JUDGE P.R.RAMACHANDRA MENON,J - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29826 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2011 JUDGMENT The order dated 26.08.2002 passed by the 1st respondent holding that, the service of the petitioner cannot be regularised is under challenge, raising many a ground, legal as well as factual. 2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that though regularisation cannot be claimed as a matter of right in view of the law declared by the Apex Court in Secretary, State of Karnataka & others v. Umadevi (3) and others [(2006) 4 SCC 1], the petitioner is very much entitled to have the benefit of the observations made by the Apex Court in paragraph 53 of the said verdict. It was in the said circumstance, that Ext.P16 scheme has been framed in tune with the decision rendered by the Apex Court. It is satisfied that the case of the petitioner has been forwarded by the 4th respondent to the 3rd respondent with necessary recommendation, also certifying the credentials of the WP(C) No. 29826 of 2003 -:2:- petitioner. The learned counsel submits that the writ petition could be disposed of by directing the 3rd respondent to consider the matter and to take a decision with regard to the claim put forth by the petitioner. 3. Heard the learned Government Pleader as well. 4. In the above facts and circumstances, the 3rd respondent is directed to consider the claim of the petitioner as projected in Ext.P17 in the light of Ext.P16 and such other relevant materials and pass appropriate orders in accordance with law. The proceedings shall be finalised as above as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that the interim order passed by this Court in I.A. No. 3848 of 2007 will continue till such time. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ttb