IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 26488 of 2008(C) ----------------------------------------- PETITIONER(S): ------------------------- ASHOK KUMAR A.M. DEPOT RANGE OFFICER, GOVERNMENT TIMBER DEPOT PARAMPUZHA, KOTTAYAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR PROMOTION TO THE POST OF ASSISTANT CONCERVATOR OF FORESTS IN THE FOREST AND WILDLIFE DEPARTMENT,REPRESENTED BY ITS CONVENOR, PRINCIPAL SECRETARY TO GOVEDRNMENT,FOREST AND WILDLIFE DEPARTMENT,GOVERNMENT SECRETARIATE,TVM. 5. SIVARAJAN T.K., ASSISTANT CONSERVATOR OF FORESTS (VIGILANCE) THIRUVANANTHAPURAM. 6. V.PAPPACHAN, ASSISTANT CONSERVATOR OF FORESTS,SIP, O/O.THE CONSERVATOR OF FORESTS (ABP) THIRUVANTHAPURAM. W.P.(C) NO.26488/2008 7. MOHANDAS M.G., WORKING PLAN OFFICER,ACHENCOVIL. 8. RAJAN.K.,DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION ,KOZHIKODE. 9. PREMKUMAR .K., ASSISTANT CONSERVATOR OF FORESTS, RESEARCH, PEERUMADU. 11. SHANAVAS.A.,ASSISTANT CONSERVATOR OF FORESTS (VESTED FORESTS) O/O.THE CONSERVATOR OF FORESTS (EASTERN CIRCLE) OLAVAKKODE. 12. ANIL ANTONY, WILDLIFE WARDEN, THIRUVANANTHAPURAM. 13. JAYASANKAR.S., ASSISTANT CONSERVATOR OF FORESTS, SIP O/O THE CONSERVATOR OF FORESTS, (EASTERN CIRCLE) OLAVAKKODE. 14. RAJU K.FRANCIS,DIVISIONAL FOREST OFFICER MARAYOOR SANDAL DIVISION,MARAYOOR. 15. MARTIN LOWEL K.J., ASSISTANT CONSERVATOR OF FORESTS O/O THE CONSERVATOR OF FORESTS, (VIGILANCE) FHQ,THIRUVANANTHAPURAM. 16. DHANESHKUMAR.P., DIVISIONAL FOREST OFFICER, NENMARA. 17. JOSEPH THOMAS, ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY, KANNUR. 18. SAJU P.U., ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY,IDUKKI. 19. VIJU VARGHESE, ASSISTANT CONSERVATOR OF FORESTS O/O THE CONSERVATOR OF FORESTS, FHQ,THIRUVANANTHAPURAM. 20. SHAJIKUMAR Y.M., ASSISTANT CONSERVATOR OF FORESTS, NATURE STUDY CENTRE, KALADY. W.P.(C) NO.26488/2008 21. SUJITH.R., ASSISTANT CONSERVATOR OF FORESTS, EXTENSION, ERNAKULAM. 22. SAJU VARGHESE, ASSISTANT CONSERVATOR OF FORESTS PFM CO-ORDINATOR,O/O THE CONSERVATOR OF FORESTS, FORESTS (E&TW),FHQ,THIRUVANANTHAPURAM 23. SUNIL KUMAR.K.K., DIVISIONAL FOREST OFFICER, WAYANAD SOUTH DIVISION, KALPETTA. 24. VINAYAN.R., ASSISTANT CONSERVATOR OF FORESTS, O/O.THE CHIEF CONSERVATOR OF FORESTS,(WILDLIFE) PALAKKAD. 25. SURESH P.M., ASSISTANT CONSERVATOR OF FORESTS, SIP, KANNUR. SPL. GOVERNMENT PLEADER SRI.M.P.PRAKASH FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.26488 of 2008 ===================== Dated this the 31st day of October, 2008. JUDGMENT Heard Sri. Elvin Peter, the learned counsel appearing for the petitioner and Sri.M.P. Prakash, the learned Special Government Pleader, Forests appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 5 to 25. 2. Shorn off details, the grievance voiced by the petitioner in this Writ Petition is that for no fault of his, his probation in the category of Forest Range Officer has not so far been declared. The petitioner was promoted as Forest Range Officer as per Ext.P1 order dated 2.4.1998. The petitioner submits that though he was initially placed under suspension, as per Ext.P10 order dated 23.4.2005, he was subsequently exonerated of the allegations levelled against him and reinstated in service by Ext.P12 order passed on 14.12.2005. The petitioner also submits that in the meanwhile, respondents 5 to 25 who are juniors to him in Ext.P9 provisional seniority list of Forest Range Officers as on 1.1.2006 have been selected for promotion by the Departmental Promotion Committee and promoted as Assistant Conservator of Forests by Exts.P14 and P15 orders issued pursuant to the publication of the select lists evidenced by Exts.P7 and P8 for the years 2007 and 2008 respectively. The petitioner submits relying on Exts.P15 and P16, the minutes of the Departmental Promotion Committee that his case was not considered by the Departmental Probation Committee only for the reason that his probation in the category of Forest Range Officer had not been declared. The petitioner submits that he has completed 50 years of age on 7.11.2005 and therefore stands permanently exempted from passing the prescribed departmental test in terms of Rule 13 B of Part II of the WP(C) 26488/08 -: 2 :- Kerala State and Subordinate Services Rules, 1958. In this Writ Petition, the petitioner challenges Exts.P7 and P8 select lists and Exts.P13 and P14 orders promoting respondents 5 to 25 as Assistant Conservators of Forests and seeks a writ in the nature of mandamus commanding the third respondent to declare his probation in the category of Forest Range Officer and a further direction to the Departmental Promotion Committee to review Exts.P7 and P8 select lists and include him in Ext.P7 select list for promotion to the post of Assistant Conservator of Forests and also for a direction to respondents 1 and 2 to promote him to the category of Assistant Conservator of Forests with effect from 18.6.2007, the date on which the fifth respondent, his junior was promoted to the said category. 3. It is seen from Exts.P15 and P16 that the petitioner's case was not considered by the Departmental Promotion Committee for the reason that his probation in the category of Forest Range Officer had not been declared. No other reason is set out in Exts.P15 and P16 for not considering the petitioner's case. The petitioner claims that by virtue of Rule 13 B of Part II of the Rules, he stands permanently exempted from passing the departmental tests. He states that though he was initially placed under suspension by Ext.P10 order he was exonerated of the charges which led to his suspension and was later reinstated in service. The petitioner submits that it was only because of the delay on the part of the third respondent in declaring his probation that he was not considered by the Departmental Promotion for promotion to the post of Assistant Conservator of Forests for the years 2007 and 2008. The petitioner was admittedly promoted to the post of Forest Range Officer on 2.4.1998. Exts.P3, P4 and P5 disclose that his superior officers have recommended to the third respondent that the petitioner's probation may be declared. However even a decade after the petitioner was promoted as Forest Range Officer his probation has not been declared. 4. In these circumstances, I dispose of the Writ Petition with a direction to the third respondent to pass orders regarding declaration of WP(C) 26488/08 -: 3 :- probation of the petitioner. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment. After orders in that regard are passed, the fourth respondent shall consider the case of the petitioner for inclusion in the select list of Forest Range Officers eligible for promotion as Assistant Conservator of Forests for the years 2007 and 2008. For that purpose, the Departmental Promotion Committee shall be convened within three months from the date on which the probation of the petitioner in the category of Forest Range Officer is declared. P.N.Ravindran, Judge. ess 3/11