IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 14563 of 2008(H) PETITIONER: -------------------- K.M.VIJAYAKUMARA NAIR, AGED 47 YEARS, S/O. KRISHNA PILLAI, ASSISTANT WILD LIFE WARDEN, IDUKKI WILD LIFE SANCTUARY, VELLAPPARA, PAINAVU P.O., IDUKKI. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WPC NO. 14567 OF 2008 ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.14563 & 14567 of 2008 ------------------------- Dated this the 26th day of May, 2008. JUDGMENT After hearing counsel on both sides, an interim order was passed on 22.5.2008 to the following effect: “Government Pleader to get instructions. It is made clear that, in the meanwhile, the direction issued by the Hon'ble Supreme Court in Exhibit P4 judgment in W.P.(C) No.14567/08 will be carried out as the Department is bound to do so. If after accommodating the appellants before the Hon'ble Supreme Court, there are vacancies of Forest Rangers, then reversion will be effected only going by the rule of seniority. Post on 26.5.2008” 2. When these matters came up, I heard Mr.K.Ramakumar, learned counsel for the petitioner in W.P.C.No.14563/07, Mr.Balagangadharan, learned counsel for the petitioner in W.P.C.No.14567/07 and learned Senior Government Pleader Mr.Nandakumar. 3. Mr.Nandakumar produces before me a communication passed by the Principal secretary (Forests and Wild Life Department) to the Chief Conservator of Forests W.P.(C).NO.14563 & 14567/08 :: 2 :: (Administration), wherein, referring to the judgment of the Supreme Court, the following directions have been issued: (i) Accommodate the respondents in Civil Appeals in the subsequent vacancies of Rangers occurred in the Department in consideration of the training already given to them and (ii) Promote the appellants/petitioners in the Civil Appeal and Shri T.R.Vijayan, Deputy Ranger in compliance of the directions of Hon'ble Supreme Court. 4. Learned Senior Counsel Sri.Ramakumar submits that there are sufficient number of vacancies in the department to accommodate the persons, who have undergone training, including the petitioners. This is a matter, which should engage the attention of the Chief Conservator of Forests (Administration), whom the Government has addressed, as mentioned above. In the result, the writ petitions are disposed of directing the 2nd respondent to take further action in terms of the directives already issued by the Government in the communication referred to above. It is made clear that if there are sufficient number of vacancies in the department W.P.(C).NO.14563 & 14567/08 :: 3 :: of Forests available, after accommodating the appellants in Civil Appeal 865-867/07 of the Hon'ble Supreme Court, then effort shall be taken to see that the persons, who have already undergone training, including the petitioners herein, are permitted to continue. If reversion becomes inevitable, in circumstances where the vacancies are not sufficient to accommodate the persons who have undergone training, such reversion shall be effected only going by the rule of seniority, as already ordered and indicated in the order dated 22.5.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge