IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 26470 of 2007(A) -------------------------- PETITIONER: ------------------ V.V.MOHANAN, PRESENTLY, DEPUTY CONSERVATOR OF FORESTS (UNDER SUSPENSION) DIVISIONAL FOREST OFFICE, TRICHUR,RESIDING AT T.C. 36/292, NANDANAM GREEN GARDEN, PUKUNNAM P.O., TRICHUR 680 002. BY ADV. SRI.ALEXANDER THOMAS RESPONDENTS: ---------------------- 1. STATE OF KERALA,REP. BY THE CHIEF SECRETARY TO GOVT. OF KERALA GOVT. SECRETARIAT BUILDINGS THIRUVANANTHAPURAM-695 001. 2. SECRETARY TO GOVT. OF KERALA FOREST AND WILDLIFE DEPARTMENT GOVT. SECRETARIAT BUILDINGS THIRUVANANTHAPURAM-695 001. 3. ACCOUNTANT GENERAL (A & E), KERALA OFFICE OF THE ACCOUNTANT GENERAL, KERALA THIRUVANANTHAPURAM-695 039. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26470 of 2007 APPENDIX PETITINER'S EXHIBITS: EXT.P1: TRUE COPY OF G.O (Rt) NO.17/2003/F&WLD DATED 9.1.2003 EXT.P2: TRUE COPY OFJUDGMENT DT. 26.4.2005 IN WP (C) NO.39117/2003 EXT.P3: TRUE COPY OF JUDGMENT DATED 8.11.2005 IN W.A 2157 OF 2005 EXT.P4: TRUE COPY OF G.O (RT) 232/91/F&WLD DATED 5.6.1991 EXT.P4 (a) TRUE COPY OF G.O (MS) 26/94/F&WLD DATED 30.5.1994 EXT.P5: TRUE COPY OF G.O (RT) 4407/2000/GAD DT.2.6.2000 EXT.P5(a) TRUE COPY OF NOTIFICATION NO.F-17013/09/99-IFS II DT.28.6.2000 EXT.P6: TRUE COPY OF JUDGMENT DT.2.8.2006 IN WP 9511/06 EXT.P7: TRUE COPY OF JUDGMENT DT. 31.8.2006 IN WP.22240/06 EXT.P8: TRUE COPY OF G.O (RT) NO.501/06/F&WLD DT. 28.11.2006 EXT.P9: TRUE COPY OF LETTER NO.16196/F1/03/F&WLD DT. 22.3.2006 ISSUED BY THEB GOVERNMENT EXT.P10: TRUE COPY OF PETITIONER'S REPRESENTATION DT.13.12.2006 EXT.P10(a) TRUE COPY OF PETITIONER'S REPRESENTATION DT. 14.6.2007 EXT.P11: TRUE COPY OF PETITIONER'S REPRESENTATION DT. 20.2.2004 EXT.P11(a) TRUE COPY OF PETITIONER'S REPRESENTATION DT. 26.3.2007 EXT.P11 (b) TRUE COPY OF 3RD RESPONDENT'S LETTER DT.4.6.2007 /TRUE COPY/ P.A. TO JUDGE P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.26470 of 2007 -------------------------- Dated this the 22nd August, 2008 J U D G M E N T The petitioner was placed under suspension while he was working as Deputy Conservator of Forests. After this writ petition was filed on 4.9.2007, he was reinstated in service. The petitioner has in this writ petition sought the following reliefs. “ (a) To declare that the petitioner is entitled to get the arrears of the monetary benefits by way of pay and allowances in the post of Senior Grade ACF/DCF (non cadre) w.e.f. the date on which he is granted that placement as per Ext.P1 up to 7.6.2000 and to declare that the action of the respondents in refusing to pay the above said arrears is unconstitutional, discriminatory and illegal and is null and void. (b) To issue a Writ of mandamus or any other appropriate Writ, order or direction commanding the respondents to disburse to the petitioner, the entire arrears by pay and allowances, in the post of Senior Grade ACF/DCF (non-cadre) as per the various pay revision orders, for the periods from 1.1.1986 to 7.6.2000 or in the alternative to direct the respondents to pay the above said arrears for the periods from 25.3.1986 to 7.6.2000. (c) To declare that the petitioners are entitled to get fixation of pay in the promoted posts W.P ( C) No.26470 of 2007 2 referred to in Ext.P5 series, after getting the fixation of their pay in the scale of senior grade ACF and to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant fixation of pay to the petitioners in the promoted posts referred to in Ext.P5 series after getting fixation of their pay in the scale of Senior Grade ACF.” 2. The learned counsel for the petitioner submits that several of the petitioner’s colleagues, both seniors as well as juniors in the category of Deputy Conservator of Forests and Assistant Conservator of Forests had moved this Court seeking identical reliefs and that by Exhibits P2, P3, P6 and P7 judgments, the alternative relief in prayer (b) claimed by the petitioner was granted. The learned counsel for the petitioner specifically refers to Exhibit P7 judgment of this Court in WP(C)No.22240 of 2006. 3. I have heard Sri. P.Nandakumar, the learned Government Pleader appearing for the respondents also. The entitlement of the petitioner to claim relief similar to those granted by this Court in para 3 in Exhibit P7 judgment is not in dispute. The learned counsel for the petitioner submits that the Government have issued Exhibit P8 Government order on 28.11.2006 giving effect to the W.P ( C) No.26470 of 2007 3 directions issued by this Court in Exhibits P6 and P7 judgments. 4. Having heard the learned counsel appearing on either side, I am of the opinion that this writ petition can be disposed of with a direction to the respondents to extend to the petitioner the benefits granted to the petitioners in WP (C) No. 22240 of 2006 in Exhibit P8 Government Order. This shall be done within a period of two months from the date on which the petitioner produces a copy of this judgment. On orders being issued, giving effect to the directions contained herein, the monetary benefits shall be disbursed within one month thereafter. As regards the prayer (c) in this writ petition, I make it clear that it will be open to the petitioner to file a representation before the competent authority among the respondents and on such representation being filed, the same shall be considered and appropriate decision taken thereon, expeditiously. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.26470 of 2007 4 W.P ( C) No.26470 of 2007 5