Kerala High Court
State Of Kerala, Represented By The ... vs Renjith.A on 15 July, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:52176
O.P. (KAT) No.390 of 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
OP(KAT) NO. 390 OF 2022
AGAINST THE ORDER DATED 17.01.2022 IN OA (EKM) NO.75 OF
2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695 001
2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001
3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, OFFICE OF
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014
4 THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST
OFFICE, CIVIL STATION, KOTTAYAM,, PIN - 673 020
BY ADV GOVERNMENT PLEADER
B UNNIKRISHNA KAIMAL SR GP
RESPONDENTS/APPLICANTS/5TH AND 6TH RESPONDENTS IN OA:
1 RENJITH.A, AGED 26 YEARS, S/O SASI, RESIDING AT
'KARTHIKA NIVAS', VALLUVANTHARA PARAMBU, KANNANCHERRY,
KALLAYI P.O, KOTTAYAM, PIN - 673 003
2 JITHEESH.A, AGED 30 YEARS, S/O GOPALAN.P, RESIDING AT
'MEENA NIVAS', PERAMBRA P.O, KOTTAYAM, PIN - 673 525
2025:KER:52176
O.P. (KAT) No.390 of 2022
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3 SEBASTIAN, AGED 39 YEARS, S/O XAVIER, RESIDING AT
'CHARANGATTU HOUSE', PALLITHODE P.O, CHERTHALA,
ALAPPUZHA,, PIN - 688 540
4 RAMESH.C, AGED 32 YEARS, S/O CHATHUNNI, RESIDING AT
'ANTHAZHI HOUSE', CHERAMANGALAM P.O, PALAKKAD,, PIN -
678 703
5 ANOOP.A, AGED 31 YEARS, S/O SREENIVASAN NAIR, RESIDING
AT 'ELAMBILASSERY HOUSE', KUNNAMANGALAM P.O,
KOTTAYAM,, PIN - 673 571
6 NIKHIL.K.G, AGED 31 YEARS, S/O GOPI.K.M, RESIDING AT
'GOKULAM HOUSE', URALLOOR P.O, KOYILANDI, KOTTAYAM,
PIN - 673 620
7 SHIJU, AGED 29 YEARS, S/O KANNAN, RESIDING AT
'VETTARANKUZHIYIL HOUSE, PUNNASSERY P.O, NARIKUNI,
KOTTAYAM, PIN - 673 585
8 MITHUN BABU.T.P, AGED 27 YEARS, S/O BABU.T.P, RESIDING
AT 'OTTUPURATHU THAMASIKUM THUVAKKAD PARAMIL HOUSE',
MADAPPALLY COLLEGE P.O, VADAKARA, KOTTAYAM, PIN - 673
102
9 SANTHOSH.P.PIOUS, AGED 43 YEARS, S/O PIOUS P.V,
RESIDING AT 'PANACKAL PURAKAL', PATHIRAPPALLY P.O,
OMANAPPUZHA, ALAPPUZHA,, PIN - 673 585
0 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS
SECRETARY, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN
- 695 004
11 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
COMMISSION, DISTRICT OFFICE, CIVIL STATION, KOTTAYAM,
PIN - 673 020
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SHRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:52176
O.P. (KAT) No.390 of 2022
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JUDGMENT
A. Muhamed Mustaque, J.
The issue in this matter is covered in favour of the State in the light of the Judgment in O.P. (KAT) No.439 of 2022 and connected matters.
Therefore, this original petition stands allowed setting aside the impugned order, following the Judgment in O.P.(KAT) No.439 of 2022 and connected matters.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
JOHNSON JOHN JUDGE PR 2025:KER:52176 O.P. (KAT) No.390 of 2022 4 APPENDIX OF OP(KAT) 390/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE NOTIFICATION FOR APPOINTMENT TO THE POST OF RESERVE WATCHER/DEPOT WATCHER/SURVEY LASCARS/TB WATCHERS/BUNGLOW WATCHERS/DEPOT AND WATCH STATION WATCHER/PLANTATION WATCHERS/MAISTERIES/TIMBER SUPERVISORS/TOPE WARDEN/THANA WATCHER/DISPENSARY ATTENDANT, PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION AS CATEGORY NO.354/2016. DATED 11.11.2016 Annexure A2 TRUE COPY OF THE RANKED LIST PREPARED AND PUBLISHED BY THE PSC FOR THE POST OF WATCHERS, IN KOTTAYAM DISTRICT WHICH WAS BROUGHT INTO FORCE WITH EFFECT FROM 21.12.2018.
Annexure A3 TRUE COPY OF THE NOTE NO.PCCF-FM-
PER/2018 DATED 08.11.2018 Annexure A4 TRUE COPY OF THE DETAILED OF THE DAILY WAGED WATCHERS ENGAGED THROUGHOUT THE YEAR, APPENDED ALONG WITH THE AFORESAID NOTE Annexure A5 TRUE COPY OF THE JUDGMENT DATED 16.07.2019 OF THE HONOURABLE HIGH COURT IN WP (C) NO.19388/2019 Annexure A6 TRUE COPY OF THE JUDGMENT DATED 28.11.2019 OF THE HONOURABLE HIGH COURT IN WA NO.2335/2019 Annexure A7 TRUE COPY OF GO(MS) NO.53/2013/F&WLD DATED 15.05.2013 Annexure A8 TRUE COPY OF THE GO (MS) NO.29/2015/FOREST AND 14.05.2015 Annexure A9 TRUE COPY OF THE ORDER NO.E6-9299/2012 DATED 02.06.2015 OF THE ADDITIONAL CHIEF FOREST CONSERVATOR (ADMINISTRATION) Annexure A10 TRUE COPY OF THE GO (MS) NO.110/2015/FOREST DATED 28.12.2015 Annexure A11 TRUE COPY OF THE ORDER NO.E6-9299/2012 DATED 04.01.2016 ISSUED BY THE ADDITIONAL CHIEF FOREST CONSERVATOR 2025:KER:52176 O.P. (KAT) No.390 of 2022 5 (ADMINISTRATION) Annexure A12 TRUE COPY OF THE GO (MS) NO.39/2017/FOREST DATED 17.08.2017. Annexure A13 TRUE COPY OF THE GO (MS) NO.42/2017/FOREST DATED 30.08.2017. Annexure A14 TRUE COPY OF THE RELEVANT EXTRACT OF THAT ADMINISTRATION REPORT 2016-17 Annexure A15 TRUE COPY OF THE LETTER NO.E1-5816/19 DATED 05.08.2019 OF THE 4TH RESPONDENT IN PURSUANCE OF THE APPLICATION SUBMITTED BY THE 4TH APPLICANT UNDER RIGHT TO INFORMATION ACT.
Annexure A16 TRUE COPY OF THE EL-3531/19 DATED 26.08.2019 OF THE PUBLIC INFORMATION OFFICER/RANGE FOREST OFFICER, PERUVANNAMOOZHI, IN PURSUANCE OF THE APPLICATION SUBMITTED BY THE 4TH APPLICANT UNDER RIGHT TO INFORMATION ACT.
Annexure A17 TRUE COPY OF THE LETTER NO.C2-750/2019 DATED 26.08.2019 OF THE STATE PUBLIC INFORMATION OFFICER AND RANGE FOREST OFFICER, KUTTIYADI IN PURSUANCE OF THE APPLICATION SUBMITTED BY THE 4TH APPLICANT UNDER RIGHT TO INFORMATION ACT.
Annexure A18 TRUE COPY OF THE LETTER NO.B-938/19 DATED 02.09.2019 OF THE ASSISTANT PUBLIC INFORMATION OFFICER/RANGE FOREST OFFICER, THAMARASSERI, IN PURSUANCE OF THE APPLICATION SUBMITTED BY THE 4TH APPLICANT UNDER RIGHT TO INFORMATION ACT.
Annexure A19 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 04.07.2018, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A20 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 04.08.2018, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A21 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 05.09.2018, ISSUED BY THE SENIOR 2025:KER:52176 O.P. (KAT) No.390 of 2022 6 ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A22 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 04.10.2018, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A23 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 07.11.2018, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A24 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 05.12.2018, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A25 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 01.01.2019, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A26 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 11.02.2019, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A27 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 06.03.2019, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A28 TRUE COPY OF THE ORDER NO.E2-3539/18 DATED 28.03.2019, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A29 TRUE COPY OF THE ORDER NO.E2-2717/19 DATED 04.06.2019, ISSUED BY THE SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A30 TRUE COPY OF THE ORDER NO.E2-2717/19 DATED 01.07.2019, ISSUED BY THE SENIOR 2025:KER:52176 O.P. (KAT) No.390 of 2022 7 ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM.
Annexure A31 TRUE COPY OF THE GO (MS) NO.31/2019/FOREST DATED 03.11.2019 Annexure A32 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT IN W.A NO.2273/2018 DATED 04.02.2019. Annexure A33 TRUE COPY OF THE CIRCULAR NO.ADV.C3/149/18/P&ARD DATED 10.08.2018 ISSUED BY THE PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT OF THE GOVERNMENT OF KERALA Annexure A34 TRUE COPY OF THE CIRCULAR NO.ADV.C3/304/17/P&ARD DATED 16.08.2017. Annexure A35 TRUE COPY OF THE ORDER DATED 29.11.2019 IN OA(EKM) NO.1669/2019 OF THE TRIBUNAL Annexure A36 TRUE COPY OF THE LETTER NO.E6-3936/2021 DATED 25.10.2021 OF THE ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR (ADMINISTRATION) ADDRESSED TO THE PRINCIPAL CHIEF CONSERVATOR, CHIEF FOREST CONSERVATOR AND FOREST CONSERVATOR OF DIFFERENT UNITS Annexure A37 TRUE COPY OF THE LETTER NO.E1- 176884/2021 DATED 06.10.2021 OF THE ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR (ADMINISTRATION) ADDRESSED TO THE CHIEF FOREST CONSERVATOR, SOUTHERN CIRCLE, KOLLAM, CENTRAL CIRCLE, THRISSUR, HIGH RANGE CIRCLE, KOTTAYAM, NORTHERN CIRCLE AND EASTERN CIRCLE, PALAKKAD.
Annexure A38 TRUE COPY OF THE LETTER NO.E6-29641/2018 DATED 01.09.2021 OF THE ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR (ADMINISTRATION) Annexure A39 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 30.09.2021 INVITING APPLICATIONS FOR APPOINTMENT AS WATCHERS IN THE FOREST DEPARTMENT CAT. NO.408/2021.
Exhibit P1 TRUE COPY OF THE O.A (EKM) NO.75/2020 ALONG WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL 2025:KER:52176 O.P. (KAT) No.390 of 2022 8 Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4 TH PETITIONER DATED 23.09.2021 Exhibit P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.2425/2021 ALONG WITH ANNEXURES DATED 08.12.2021 Exhibit P4 TRUE COPY OF THE INTERIM ORDER PASSED BY THE TRIBUNAL ON 15.12.2021 Exhibit P5 TRUE COPY OF THE IMPUGNED COMMON ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL DATED 17.01.2022