IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23041 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. SURESH BABU.T, AGED 52 YEARS, S/O. THANKAPPAN, `ARANYAM', KEEZHATTINGAL, ATTINGAL.P.O, NOW WORKING AS FOREST RANGE OFFICER, FLYING SQUAD RANGE, PUNALOOR, PATHANAPURAM. 2. K.G. VARARUCHI, S/O. GOPALAN, AGED 49 YEARS, KOCHUKALAM HOUSE, THOTTUVATHALA.P.O, ALAPPUZHA DISTRICT, NOW WORKING AS FOREST RANGE OFFICER, VELLIKULANGARA, THRISSUR. 3. P.V. NATESAN, ASSISTANT WILDLIFE WARDEN, PARAMBIKULAM, PARAMBIKULAM.P.O, PALAKKAD. 4. T.P. SREEKUMAR, RANGE OFFICER, SOCIAL FORESTRY RANGE, THRISSUR. 5. V.A. MOHANAN, FOREST RANGE OFFICER, SOCIAL FORESTRY RANGE, PEERMEDU,KOTTAYAM. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD FOREST FORCE, FOREST HEAD QUARTERS, THIRVUANANTHAUPRAM - 695 014. 3. ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION) VAZHUTHACAD, THIRUVANANTHAPURAM-695 014 BY G.P.SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23041 of 2011(E) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER NO.D1-22673/2010 DATED 28.3.2011 OF THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER. EXT.P2(a): TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER. EXT.P3: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED 10.08.2011. RESPONDENTS' EXHIBITS: NIL TKS // TRUE COPY // P.A. TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 23041 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioners are working as Forest Range Officers in the Kerala Forest Department. Ext.P1 is the provisional seniority list published by the second respondent as per order No.D1.22673/2010 dated 28.3.2011. The reference thereunder would reveal that earlier, the provisional list of the Forest Range Officers under the Kerala Forest Department as on 1.1.2006 had been published as per order No.E1-21648/04 dated 12.1.2006 of the Chief Conservator of Forest (Administration). Subsequent to the publication of the said seniority list, several Forest Range Officers were promoted and many of them have retired from service and several Forest Range Officers were subsequently appointed. The said aspects and subsequent developments constrained the Department to issue Ext.P1. It is stated therein that those who have got objections against Ext.P1 provisional seniority list could prefer appeal against the same within three months from the date of publication of the said list in the Government Gazette. The petitioners have preferred Ext.P2 series appeals against W.P.(C) NO.23041 of 2011 2 Ext.P1 provisional seniority list before the second respondent. The contention of the petitioners is that despite the receipt of Ext.P2 series of appeals, no decision was taken thereon. It is also a fact that despite the receipt of the said appeals, no steps were taken by the respondents to finalise Ext.P1 seniority list. It is contended that the respondents are taking steps for effecting promotions on temporary basis resorting to Rule 31(a)(i) of the Kerala State & Subordinate Services Rules. It is in the said circumstances that this Writ Petition has been filed. 2. I have heard the learned counsel for the petitioners and also the learned Government Pleader. 3. Evidently, Ext.P1 provisional seniority list of Forest Range Officers on on 1.1.2006 was published. The petitioners have already preferred Exts.P2 & P2(a) appeals against Ext.P1 before the second respondent. The learned Government Pleader, on instructions, submitted that several appeals have also been received against Ext.P1 and the Government have taken steps to consider the said appeals and to finalise Ext.P1 seniority list. It is submitted that for the said process, some time is required and appropriate steps would be taken to finalise Ext.P1 seniority list after considering the appeals preferred against the same including Exts.P2 and P2(a). In view of the said position obtained in this case, this Writ Petition is disposed of with a direction to the respondents to finalise W.P.(C) NO.23041 of 2011 3 Ext.P1 seniority list expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.23041 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010