Kerala High Court

Anup V.H vs Pramod.A.D on 24 February, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  1
                                                   2025:KER:14858



             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

            THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

   MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946

                        RP NO. 1310 OF 2024

        AGAINST THE JUDGMENT DATED 13/11/2024 IN OP(KAT) NO.314

OF 2024 OF HIGH COURT OF KERALA

REVIEW PETITIONERS/PETITIONERS IN O.P.(KAT):

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            FOREST & WILDLIFE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
            FOREST HEADQUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    3       THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF
            FORESTS [ADM]
            FOREST HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    4       THE CHIEF CONSERVATOR OF FORESTS
            CENTRAL CIRCLE, PRIYADARSINI NAGAR, PARAVATTANI,
            THRISSUR, PIN - 680005


            BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE
RESPONDENTS/RESPONDENTS IN O.P.(KAT):

    1       PRAMOD A.D
            AGED 43 YEARS
            S/O. A.R. DAYASINGH, BEAT FOREST OFFICER,
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                               2
                                                 2025:KER:14858

          CHIMMINY FOREST STATION,
          CHIMMINY WILD LIFE SANCTUARY,
          THRISSUR,CHIMMINY DAM P.O., THRISSUR ,
          RESIDING AT AINIKUNNATH HOUSE, CHAZHUR P.O.,
          THRISSUR, PIN - 680571

    2     ANUP V.H
          AGED 39 YEARS
          S/O. HARIDHASAN UNNI, BEAT FOREST OFFICER,
          RANGE FOREST OFFICE ATHIRAPPILLY, MUNNOORPILLY,
          EZHATTUMUGHAM P.O., ERNAKULAM , PRESENTLY WORKING AS
          SECTION FOREST OFFICER, MUPLIYAM FOREST STATION,
          MATHATTORKUNNU P.O., VELLIKULANGARA RANGE, THRISSUR,
          RESIDING AT CHENGALEDATHU MADOM,
          PIRAVOM P.O., ERNAKULAM, PIN - 686664

    3     SIYAD K.K
          AGED 42 YEARS
          S/O. KAREEM K.H., BEAT FOREST OFFICER, RANGE FOREST
          OFFICER, EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
          DIST., PRESENTLY WORKING AS SECTION FOREST OFFICER,
          EVERGREEN FOREST STATION, KALADY RANGE,
          ERNAKULAM,RESIDING AT KOTTAMOOLA [H], N.A.D. P.O.,
          NOCHIMA, ALUVA, ERNAKULAM, PIN - 683563

    4     BIBIN CHANDRAN
          AGED 38 YEARS
          S/O. E.S.CHANDRAN, BEAT FOREST OFFICER, RANGE FOREST
          OFFICE, KALADY, NEELEESWARAM P.O., ERNAKULAM DIST.,
          PRESENTLY WORKING AS SECTION FOREST OFFICER,
          KONNAKUZHI FOREST STATION, CHALAKUDY DIVISION,
          THRISSUR, RESIDING AT EMMATTIPARAMBIL HOUSE, ASAN
          LANE, ALUVA, ERNAKULAM DISTRICT, PIN - 683101

    5     SREENATH P.S
          AGED 43 YEARS
          S/O. P.M. SUKUMARAN NAIR, BEAT FOREST OFFICER, RANGE
          FOREST OFFICE EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
          DIST.,PRESENTLY WORKING AS SECTION FOREST OFFICER,
          POOYAMKUTTY FOREST STATION, KOOVAPARA P.O.,
          ERNAKULAM, RESIDING AT PISHARATH HOUSE, N.A.D. P.O.,
          ALUVA, ERNAKULAM, PIN - 683563

    6     ANOOP M.N
          AGED 42 YEARS
          S/O. NARAYANAN M.A., BEAT FOREST OFFICER, RANGE
          FOREST OFFICE, THUNDATHIL, BHOOTHATHANKETTU P.O.,
          ERNAKULAM DIST., PRESENTLY WORKING AS SECTION FOREST
          OFFICER, KARIMPANI FOREST STATION, THUNDATHIL FOREST
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                     3
                                                            2025:KER:14858

            RANGE, BHOOTHATHANKETTU, ERNAKULAM, RESIDING AT
            MANCHADIKKAL [H], CHERAI P.O., ERNAKULAM,
            PIN - 683514

    7       PRASANTH P.V
            AGED 52 YEARS
            S/O. VELANDY P.R., BEAT FOREST OFFICER, RANGE FOREST
            OFFICE, KALADY, NEELEESWARAM P.O., ERNAKULAM DIST.,
            PRESENTLY WORKING AS SECTION FOREST OFFICER,
            KONNAKUZHI FOREST STATION, CHALAKUDY
            DIVISION,PARIYARAM RANGE, THRISSUR , RESIDING AT
            PADINJARETHURUTHETH VEEDU, ELENTHIKKARA P.O.,
            ERNAKULAM DISTRICT, PIN - 683594

    8       SHYJU N.D.
            AGED 51 YEARS
            S/O. DARMAN N.S., BEAT FOREST OFFICER, OFFICE OF THE
            ASSISTANT CONSERVATOR OF FORESTS, NATURE STUDY CENTER
            KALADY & WILDLIFE WARDEN, MANGALAVANAM, MALAYATTOOR
            P.O., ERNAKULAM DIST., PRESENTLY WORKING AS SECTION
            FOREST OFFICER, OFFICE OF THE ASSISTANT CONSERVATOR
            OF FOREST & LAISON OFFICER, ADVOCATE GENERAL OFFICE,
            ERNAKULAM DIST. ,RESIDING AT NEELIMATHARA HOUSE,
            MALYANKARA P.O., ERNAKULAM, PIN - 683516


            BY ADVS.
            PRASANTH SUGATHAN
            VARSHA BHASKAR(K/487/2004)
            ANUPAMA SIBI(K/698/2019)
            N.R.REESHA(K/308/2014)



     THIS     REVIEW    PETITION   HAVING     COME   UP   FOR   HEARING   ON
13.02.2025,     ALONG     WITH     R.P.Nos.      1393/2024,      1349/2024,
1314/2024, THE COURT ON 24.02.2025 PASSED THE FOLLOWING:
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  4
                                                    2025:KER:14858


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

            THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

   MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946

                        RP NO. 1314 OF 2024

        AGAINST THE JUDGMENT DATED 13/11/2024 IN OP(KAT) NO.15 OF

2024 OF HIGH COURT OF KERALA

REVIEW PETITIONERS/RESPONDENTS 2 TO 5 IN O.P.KAT:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST &
            WILDLIFE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695001

    2       THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
            FOREST HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    3       THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR
            OF FORESTS [ADM]
            FOREST HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    4       THE CHIEF CONSERVATOR OF FORESTS
            CENTRAL CIRCLE, PRIYADARSINI NAGAR, PARAVATTANI,
            THRISSUR, PIN - 680005


            BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE


RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN O.P.KAT:

    1       ANUP V.H.
            AGED 39 YEARS S/O. HARIDHASAN UNNI, BEAT FOREST
            OFFICER, RANGE FOREST OFFICE ATHIRAPPILLY,
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                               5
                                                 2025:KER:14858

          MUNNOORPILLY, EZHATTUMUGHAM P.O., ERNAKULAM - 683577,
          PRESENTLY WORKING AS SECTION FOREST OFFICER, MUPLIYAM
          FOREST STATION, MATHATTORKUNNU P.O., VELLIKULANGARA
          RANGE, THRISSUR-680699, RESIDING AT CHENGALEDATHU
          MADOM, PIRAVOM P.O., ERNAKULAM, PIN - 686664

    2     SIYAD K.K
          AGED 42 YEARS S/O. KAREEM K.H., BEAT FOREST OFFICER,
          RANGE FOREST OFFICER, EDAMALAYAR, VADATTUPARA P.O.,
          ERNAKULAM DIST. - 686681, PRESENTLY WORKING AS
          SECTION FOREST OFFICER, EVERGREEN FOREST STATION,
          KALADY RANGE, ERNAKULAM-683587,RESIDING AT KOTTAMOOLA
          [H], N.A.D. P.O., NOCHIMA, ALUVA, ERNAKULAM,
          PIN - 683563

    3     BIBIN CHANDRAN
          AGED 38 YEARS S/O. E.S.CHANDRAN, BEAT FOREST OFFICER,
          RANGE FOREST OFFICE, KALADY, NEELEESWARAM P.O.,
          ERNAKULAM DIST. - 683 574, PRESENTLY WORKING AS
          SECTION FOREST OFFICER, KONNAKUZHI FOREST STATION,
          CHALAKUDY DIVISION, THRISSUR -680721, RESIDING AT
          EMMATTIPARAMBIL HOUSE, ASAN LANE, ALUVA, ERNAKULAM
          DIST, PIN - 683101

    4     SREENATH P.S
          AGED 43 YEARS S/O. P.M. SUKUMARAN NAIR, BEAT FOREST
          OFFICER, RANGE FOREST OFFICE EDAMALAYAR, VADATTUPARA
          P.O., ERNAKULAM DIST. - 686 681,PRESENTLY WORKING AS
          SECTION FOREST OFFICER, POOYAMKUTTY FOREST STATION,
          KOOVAPARA P.O., ERNAKULAM-686681, RESIDING AT
          PISHARATH HOUSE, N.A.D. P.O., ALUVA, ERNAKULAM,
          PIN - 683563

    5     ANOOP M.N
          AGED 42 YEARS S/O. NARAYANAN M.A., BEAT FOREST
          OFFICER, RANGE FOREST OFFICE,THUNDATHIL,
          BHOOTHATHANKETTU P.O., ERNAKULAM DIST. - 686691,
          PRESENTLY WORKING AS SECTION FOREST OFFICER,
          KARIMPANI FOREST STATION, THUNDATHIL FOREST RANGE,
          BHOOTHATHANKETTU, ERNAKULAM-686541, RESIDING AT
          MANCHADIKKAL [H], CHERAI P.O., ERNAKULAM,,
          PIN - 683514

    6     PRASANTH P.V
          AGED 52 YEARS S/O. VELANDY P.R., BEAT FOREST OFFICER,
          RANGE FOREST OFFICE, KALADY, NEELEESWARAM P.O.,
          ERNAKULAM DIST. - 683 574, PRESENTLY WORKING AS
          SECTION FOREST OFFICER, KONNAKUZHI FOREST STATION,
          CHALAKUDY DIVISION,PARIYARAM RANGE, THRISSUR -683594,
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  6
                                                       2025:KER:14858

            RESIDING AT PADINJARETHURUTHETH VEEDU, ELENTHIKKARA
            P.O., ERNAKULAM DIST, PIN - 683594


    7       SHYJU N.D.
            AGED 51 YEARS S/O. DARMAN N.S., BEAT FOREST OFFICER,
            OFFICE OF THE ASSISTANT CONSERVATOR OF FORESTS,
            NATURE STUDY CENTER KALADY & WILDLIFE WARDEN,
            MANGALAVANAM, MALAYATTOOR P.O., ERNAKULAM DIST. - 683
            587, PRESENTLY WORKING AS SECTION FOREST OFFICER,
            OFFICE OF THE ASSISTANT CONSERVATOR OF FOREST &
            LAISON OFFICER, ADVOCATE GENERAL OFFICE, ERNAKULAM
            DIST. - 683516,RESIDING AT NEELIMATHARA HOUSE,
            MALYANKARA P.O., ERNAKULAM,, PIN - 682031

    8       PRAMOD A.D.
            AGED 43 YEARS S/O. A.R. DAYASINGH, BEAT FOREST
            OFFICER, CHIMMINY FOREST STATION, CHIMMINY WILD LIFE
            SANCTUARY, THRISSUR,CHIMMINY DAM P.O., THRISSUR - 680
            304, RESIDING AT AINIKUNNATH HOUSE, CHAZHUR P.O.,
            THRISSUR, PIN - 680571



     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   HEARING   ON
13.02.2025, ALONG WITH R.P.NO.1310/2024 AND CONNECTED CASES,
THE COURT ON 24.02.2025 PASSED THE FOLLOWING:
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  7
                                                   2025:KER:14858


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

            THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

   MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946

                        RP NO. 1349 OF 2024

        AGAINST THE JUDGMENT DATED 13/11/2024 IN OP(KAT) NO.15 OF

2024 OF HIGH COURT OF KERALA

REVIEW PETITIONERS/PETITIONERS IN O.P.(KAT)/RESPONDENTS 5 TO 11
IN O.A.(EKM) 1095/22:

    1       ANUP V.H.
            AGED 39 YEARS
            S/O. HARIDHASAN UNNI, BEAT FOREST OFFICER, RANGE
            FOREST OFFICE ATHIRAPPILLY, MUNNOORPILLY
            EZHATTUMUGHAM P.O., ERNAKULAM-683577, PRESENTLY
            WORKING AS SECTION FOREST OFFICER, MUPLIYAM FORESTT
            STATION, MATHATTORKUNNU P.O., VELLIKULANGARA RANGE,
            THRISSUR 680 699, RESIDING AT CHENGALEDATHU MADOM,
            PIRAVOM P.O., ERNAKULAM,   PIN - 686664

    2       SIYAD K.K.
            AGED 42 YEARS
            S/O.KAREEM K.H., BEAT FOREST OFFICER, RANGE FOREST
            OFFICERR, EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
            DISTRICT 686681, PRESENTLY WORKING AS SECTION FOREST
            OFFICER, EVERGREEN FOREST STATION, KALADY RANGE,
            ERNAKULAM 683 587, RESIDING AT KOTTAMOOLA (H), N.A.D.
            P.O., NOCHIMA, ALUVA, ERNAKULAM, PIN - 68356

    3       BIBIN CHANDRAN,
            AGED 38 YEARS
            S/O.E.S.CHANDRAN, BEAT FOREST OFFICER, RANGE FOREST
            OFFICE, KALADY, NEELESWARAM P.O., ERNAKULAM DISTRICT
            683 574, PRESENTLY WORKING AS SECCTION FOREST
            OFFICER, KONNAKUZHI FORESTT STATION, CHALAKUDY
            DIVISION, THRISSUR 680721 RESIDING AT EMMATTIPARAMBIL
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                               8
                                                 2025:KER:14858

          HOUSE, ASAN LANE, ALUVA, ERNAKULAM DISTRICT, PIN -
          683101

    4     SREENATH P.S
          AGED 43 YEARS
          S/O.P.M.SUKUMARAN NAIR, BEAT FOREST OFFICER, RANGE
          FOREST OFFICE EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
          DISTRICT 686681, PRESENTLY WORKING AS SECCTION FOREST
          OFFICER, POOYAMKUTTY FOREST STATION, KOOVAPARA P.O.,
          ERNAKULAM 686681, RESIDING AT PISHARATH HOUSE, N.A.D.
          P.O., ALUVA, ERNAKULAM, PIN - 683563

    5     ANOOP M.N
          AGED 42 YEARS
          S/O.NARAYANANAN M.A. BEAT FOREST OFFICER, RANGE
          FOREST OFFICE, THUNDATHIL, BHOOTHATHANKETTU
          P.O.,ERNAKULAM DISTRICT 686691,PRESENTLY WORKING AS
          SECTION FOREST OFFICER, KARIMPANI FOREST STATION,
          THUNDATHIL FOREST RANGE, BHOOTHATHANKETTU,ERNAKULAM
          686541, RESIDING AT MANCHADIKKAL (H) CHERAI P.O.,
          ERNAKULAM, PIN - 683514

    6     PRASANTH P.V
          AGED 52 YEARS
          S/O.VELANDY P.R., BEAT FOREST OFFICER, RANGE FOREST
          OFFICE, KALADY, NEELEESWARAM P.O., ERNAKULAM DISTRICT
          683574, PRESENTLY WORKING AS SECTION FOREST OFFICER,
          KONNAKUZHI FOREST STATION, CHALAKUDY DIVISION,
          PARIYARAM RANGE, THRISSUR 683594, RESIDING AT
          PADINJARETHURUTHETH VEEDU, ELENTHIKKARA P.O.,
          ERNAKULAM DISTRICT, PIN - 683594

    7     SHYJU N.D
          AGED 51 YEARS
          S/O.DARMAN N.S., BEAT FOREST OFFICER, OFFICE OF THE
          ASSISTANT CONSERVATOR OF FORESTS, NATURE STUDY CENTER
          KALADY & WILD LIFE WARDEN, MANGALAVANAM, MALAYATTOOR
          P.O., ERNAKULAM DISTRICT 683587, PRESENTLY WORKING AS
          SECTION FOREST OFFICER, OFFICE OF THE ASSISTANT
          CONSERVATOR OF FOREST & LAISON OFFICER, ADVOCATE
          GENERAL OFFICE, ERNAKULAM DISTRICT 683516, RESIDING
          AT NEELIMATHARA HOUSE, MALYANKARA P.O. ERNAKULAM,
          PIN - 682031


          BY ADV T.RAJASEKHARAN NAIR
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  9
                                                       2025:KER:14858

RESPONDENTS/RESPONDENTS IN O.P.(KAT)/APPLICANT/RESPONDENTS 1 TO
4 IN O.A.(EKM) NO.1095/2022:

    1       PRAMOD.A.D
            AGED 43 YEARS
            S/O.A.R.DAYASINGH, BEAT FOREST OFFICER, CHIMMINY
            FOREST STATION, CHIMMINY WILD LIFE SANCTUARY,
            THRISSUR, CHIMMINY DAM P.O., THRISSUR 680304,
            RESIDING AT AINIKUNNATH HOUSE, CHAZHUR P.O.,
            THRISSUR, PIN - 680571

    2       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST &
            WILD LIFE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    3       THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
            FOREST HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    4       THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS
            (ADM)
            FOREST HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014

    5       THE CHIEF CONSERVATOR OF FORESTS
            CENTRAL CIRCLE, PRIYADARSINI NAGAR, PARAVATTANI,
            THRISSUR, PIN - 680005

            BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE


     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   HEARING   ON
13.02.2025, ALONG WITH R.P.NO.1310/2024 AND CONNECTED CASES,
THE COURT ON 24.02.2025 PASSED THE FOLLOWING:
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                  10
                                                   2025:KER:14858


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

            THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

   MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946

                        RP NO. 1393 OF 2024

        AGAINST THE JUDGMENT DATED 13/11/2024 IN OP(KAT) NO.314

OF 2024 OF HIGH COURT OF KERALA

REVIEW PETITIONERS/RESPONDENTS 2 TO 8 IN O.P.(KAT)/RESPONDENTS
5 TO 11 IN O.A.(EKM) 1095/2022:

    1       ANUP V.H
            AGED 39 YEARS
            S/O. HARIDHASAN UNNI, BEAT FOREST OFFICER, RANGE
            FOREST OFFICE ATHIRAPPALLY, EZHATTUMUGHAM P.O.,
            ERNAKULAM-, PIN - 683577

    2       SIYAD K.K.
            AGED 42 YEARS
            S/O.KAREEM K.H., BEAT FOREST OFFICER, RANGE FOREST
            OFFICE, EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
            DISTRICT, PIN - 686681

    3       BIBIN CHANDRAN
            AGED 38 YEARS
            S/O.E.S.CHANDRAN, BEAT FOREST OFFICER, RANGE FOREST
            OFFICE, KALADY, NEELESWARAM P.O., ERNAKULAM DISTRICT,
            PIN - 683574

    4       SREENATH P.S.
            AGED 43 YEARS
            S/O.P.M.SUKUMARAN NAIR, BEAT FOREST OFFICER, RANGE
            FOREST OFFICE EDAMALAYAR, VADATTUPARA P.O., ERNAKULAM
            DISTRICT, PIN - 686681

    5       ANOOP M.N.
            AGED 42 YEARS
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                               11
                                                 2025:KER:14858

          S/O.NARAYANANAN M.A. BEAT FOREST OFFICE, RANGE FOREST
          OFFICE, THUNDATHIL, BHOOTHATHANKETTU P.O.,ERNAKULAM
          DISTRICT, PIN - 686691

    6     PRASANTH P.V
          AGED 52 YEARS
          S/O.VELANDY P.R., BEAT FOREST OFFICE, RANGE FOREST
          OFFICE KALADY, NEELEESWARAM P.O., ERNAKULAM DISTRICT,
          PIN - 683574

    7     SHYJU N.D
          AGED 51 YEARS
          S/O.DARMAN N.S., BEAT FOREST OFFICER, OFFICE OF THE
          ASSISTANT CONSERVATOR OF FORESTS, NATURE STUDY CENTER
          KALADY & WILD LIFE WARDEN, MANGALAVANAM,
          MALAYATTOOR P.O., ERNAKULAM DISTRICT, PIN - 683587


          BY ADV T.RAJASEKHARAN NAIR


RESPONDENTS/1ST RESPONDENT/PETITIONERS 1 TO 4 IN O.P.
(KAT)/APPLICANT/RESPONDENTS 1 TO 4 IN O.A.(EKM) NO.1095/2022:

    1     PRAMOD.A.D.
          AGED 43 YEARS
          S/O.A.R.DAYASINGH, BEAT FOREST OFFICER, CHIMMINY
          FOREST STATION, CHIMMINY WILD LIFE SANCTUARY,
          THRISSUR 680304, RESIDING AT AINIKUNNATH HOUSE,
          CHAZHUR P.O., THRISSUR, PIN - 680571

    2     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOREST &
          WILD LIFE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001

    3     THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
          FOREST HEAD QUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM, PIN - 695014

    4     THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF
          FORESTS (ADM),
          FOREST HEAD QUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM, PIN - 695014

    5     THE CHIEF CONSERVATOR OF FORESTS
          CENTRAL CIRCLE, PRIYADARSINI NAGAR, PARAVATTANI,
          THRISSUR, PIN - 680005
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                 12
                                                       2025:KER:14858


            BY SR.GOVERNMENT PLEADER SRI.A.J.VARGHESE


     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   HEARING   ON
13.02.2025, ALONG WITH R.P.NO.1310/2024 AND CONNECTED CASES,
THE COURT ON 24.02.2025 PASSED THE FOLLOWING:
 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

                                   13
                                                         2025:KER:14858




                                 ORDER

P. Krishna Kumar, J.

These review petitions are preferred against

the judgment passed by this court on 13.11.2024 in

O.P.(KAT)Nos.15/2024 and 314/2014, upholding the order

passed by the Kerala Administrative Tribunal. The

prime question under consideration in the said

judgment was the scope and ambit of the saving clause

in the Kerala Forest Subordinate Service (Amendment)

Special Rules, 2014 ('2014 Amendment Rules', for

short). This court held that the saving clause would

not enable the appointees under the Special Rules for

the Kerala Forest Subordinate Service, 1962 ('1962

Rules', for short) or the Kerala Forest Subordinate

Service Special Rules, 2010 ('2010 Rules', for short)

to obtain promotions without acquiring the newly

prescribed additional qualifications. To reach the

above-said conclusion, the Court referred to Rules R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

2025:KER:14858

13A and 35 of Part II of the Kerala State and

Subordinate Service Rules, 1958 ('KS & SSR', for

short). The Government and the party respondents filed

the above review petitions, contending that there are

errors apparent on the face of the judgment, and

hence, it is to be reviewed.

2. Heard the learned Senior Government Pleader, the

learned counsel appearing for the petitioners and the

respondent.

3. In the review petitions, the State contended

that the Forest Guards/Beat Forest Officers recruited

as per 1962 Rules are not required to pass the test

qualification for promotion as prescribed in the 2010

Rules as amended in 2014, owing to the operation of

the saving clause. The State further contended that

the department concerned had promoted so many

incumbents as Forester/Section Forest Officers relying

on the saving clause, and none of them were made

parties to the original application. It is further

contended that, as the party respondents were

appointed prior to the coming into force of the 2010 R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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Rules, they are governed by the 1962 Rules for the

promotion, and thus, they are not required to obtain

the test qualification.

4. Sri. Prasanth S., the learned counsel appearing

for the first respondent in the review petitions

contended that nobody can claim any vested right for

promotion on the basis of the law applicable on the

date of his joining in the service, by placing

reliance on the decision in State of Himachal Pradesh

and Others v. Raj Kumar and Others [(2023) 3 SCC 773].

5. This court had considered all these questions in

the impugned judgment. It is worth quoting the

relevant portions hereunder:

"5. ............... Therefore, when the Special Rules are modified subsequent to the appointment of the employees as regards their qualification for promotion, the rule in force on the date of consideration for promotion is the crucial one and not the one which was in force on the date when the employees were advised for appointment or on the date of actual appointment to the service.

R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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6. Nevertheless, it is open to the Government to exclude a category or group of officers from the necessity of acquiring the prescribed qualifications for the purpose of promotion, in the public interest. The exact question to be decided now is whether the saving clause referred to above serves that purpose.

xxxxxx

10. However, there is no indication anywhere in the saving clause or the amended Rules that the protection given by the saving clause would extend beyond that limit and will enable the appointees under the 1962 Rules or the 2010 Rules to acquire promotions without obtaining the newly prescribed additional qualifications. The saving clause, thus, cannot be extended to support the contentions raised by the petitioners herein."

6. This court has arrived at a final conclusion in

the said matter in view of the provisions contained in

Rule 13 A of Part II of KS & SSR. The State did not

raise any question regarding the application of the

said provision in the above matter. We also find no

merit in the contention that all the affected parties

were not impleaded in the proceedings, as this court

had only interpreted the meaning or scope of the

savings clause and certain other provisions of law. R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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7. Therefore, we find no merit in the challenge

raised in the review petitions preferred by the State.

Nevertheless, as observed in paragraph 6 of the

judgment, it is open to the Government to consider

excluding a category or group of officers from the

necessity of acquiring the prescribed qualifications

for promotion in the public interest by invoking its

power under Rule 39 of Part II KS & SSR.

8. It is thus clarified that the Government may

consider whether the circumstances pointed out in the

review petitions are sufficient to invoke its power in

that direction, keeping in mind the rights of the

persons who have already acquired the prescribed

qualifications.

9. The petitioners in O.P.(KAT)No.15/2024 filed

separate review petitions contending that the impugned

judgment is liable to be reviewed on the ground that

the said review petitioners have acquired the test

qualification within two years, as provided in Rule

13A of Part II KS & SSR. The party respondents had not R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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raised any such contentions earlier. The learned

counsel appearing for the original respondent

contended that they did not acquire the test

qualification within two years of the introduction of

the test, which is mandatory as per Rule 13A. At any

rate, if the review petitioners have acquired the

required qualification within the prescribed period,

they can convince the appropriate authority and get

the benefit of Rule 13 A over their juniors.

10. Sri.T.Rajasekharan Nair, the learned counsel

appearing for the review petitioners contended that

the provisions in Rule 13A of KS & SSR are superseded

by the saving clause in the 2014 Amendment Rules,

which is the special law on the subject. This

contention cannot be accepted since Rule 13A itself

specifically deals with the changes if any made in the

special rules as to the qualification of some posts.

Rule 13 A states that if a qualification is newly

prescribed in the special rules for promotion etc., it

is to be acquired by the incumbents within the period

mentioned in Rule 13A. Thus, it is evident that unless R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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the language employed in the amending law that brings

the changes in the special rules expressly or by

necessary implication provides that the newly

prescribed qualification need not be acquired by the

incumbents for their promotion, it cannot be said that

the special rules will prevail over the general

provisions in the KS&SSR. We already found that there

is nothing in the saving clause in question to reach

such a conclusion.

11. Another contention raised by the said review

petitioners is that the Tribunal entered into a wrong

finding that the saving clause has not been

incorporated properly in the 2010 Rules and, thus, the

promotion granted to the review petitioners by

Annexure A11 order is illegal. We are unable to accept

the said contention. It is not for the above reason

the Tribunal set aside Annexure A11. The observation

made by the Tribunal in that regard was entirely

different.

12. In the 2014 Amendment Rules, Rule 2 prescribes R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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the various amendments to the provisions of the 2010

Rules. Rule 2 has eleven sub-rules, and each sub-rule

stipulates the amendments to the various provisions of

the 2010 Rules. Though sub-rules (2) to (10) deal with

amendments to be brought to Rule 2 to Rule 10 of the

2010 Special Rules, sub-rule (1) and sub-rule (11) of

Rule 2 of the 2014 Amendment Rules do not specifically

mention the corresponding rule at which the amendments

are to be made/incorporated. In sub-rule (11) of Rule

2, it is not stated that the saving clause will

replace the existing Rule 11 of 2010 Rules. Naturally,

the existing Rule 11 will continue in the 2010 Rules,

and the saving clause would work as an independent

provision, though it is not attached or incorporated

into any other provision. Referring to sub-rule (11)

of Rule 2 of the 2014 Amendment Rules, the Tribunal

incidentally observed that the 2014 Amendment Rules do

not expressly provide at which position the saving

clause is to be incorporated/added. This is what the

Tribunal has observed in the said order. The Tribunal

did not find that the said anomaly made the saving

clause inoperative. For the sake of clarity, it is to R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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be stated that even if the 2014 Amendment Rules do not

state that at what place the said saving clause is to

be added, it will not affect the validity of the

saving clause.

13. When a special statute prescribes certain

qualifications for a promotion post, those who are in

the feeder category can aspire to that post only on

acquiring that qualification or otherwise in the

manner provided in Rule 13 A of Part II KS & SSR. The

saving clause will not help them to obtain a promotion

without acquiring the newly prescribed qualifications.

Nevertheless, it will enable them to continue in their

existing post without gaining additional

qualifications, even if the amendment is made with

retrospective effect. For example, if a Forest Guard

is given regular promotion as Forester before 2014,

the saving clause would help him to continue in the

said post without acquiring the newly introduced

qualifications though the amended provision has a

retrospective effect from 30.8.2010. Therefore, the

Forest Guards appointed under the 1962 Rules also have R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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to acquire the qualification to get promoted to the

post of Forester/Section Forest Officer. This aspect

was stated explicitly in the impugned judgment. In

view of the above discussion, we find no merit in the

review petitions preferred by the party respondents.

In the result, the review petitions are dismissed,

but subject to the observations made above. If the

Government decides to exercise its power under Rule 39

of Part II KS & SSR as observed above, it shall be

done within three months and before effecting further

promotions.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

P. KRISHNA KUMAR

JUDGE

sv R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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PETITIONER'S ANNEXURES

Annexure I True copy of the details of the list of Forest guards/ Beat Forest Officers who got promotion as Section Forest Officers from 01.09.2010 to 31.12.2024 within the High Range Circle

Annexure II True copy of the list of incumbents who got promotion as Section Forest Officers within the Central Circle from 30.08.2010 onwards

Annexure III True copy of the list of incumbents who got promotion as Section Forest Officers within the Southern Circle from 30.08.2010 onwards

Annexure V True copy of the list of incumbents who got promotion as Section Forest Officers within the Northern Circle from 30.08.2010 onwards

Annexure VI True copy of the list of Special Recruitees who were recruited as Forest Guards as per G.O(Ms) No. 68/2001/FandWLD dated 17.11.2001 and later promoted as Section Forest Officers from the post of Beat Forest Officers from 30.08.2010 to 30.11.2024 without having the prescribed qualification ( in Rule 10 (2) of Special Rules 2010 ) with respect to Southern Circle, Kollam

Annexure VII True copy of the list of Special Recruitees promoted as Section Forest Officers from the post of Beat Forest Officers since 01.09.2010 without having the prescribed qualification ( in Rule 10 (2) of Special Rules 2010 ) with respect to High Range Circle, Kottayam

Annexure VIII True copy of the list of Special Recruitees promoted as Section Forest Officers from the post of Beat Forest Officers from 30.08.2010 to 30.11.2024 without having the prescribed qualification ( in Rule 10 (2) R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

2025:KER:14858

of Special Rules 2010 ) with respect to Central Circle, Thrissur

Annexure IX True copy of the list of Special Recruitees promoted as Section Forest Officers from the post of Beat Forest Officers from 15.04.2017 onwards without having the prescribed qualification ( in Rule 10 (2) of Special Rules 2010 ) with respect to Eastern Circle, Palakkad

Annexure X True copy of the list of Special Recruitees promoted as Section Forest Officers from the post of Beat Forest Officers from 30.08.2010 to 30.11.2024 without having the prescribed qualification ( in Rule 10 (2) of Special Rules 2010 ) with respect to Northern Circle, Kannur

Annexure IV True copy of the list of incumbents who got promotion as Section Forest Officers within the Eastern Circle from 01.09.2010 onwards

RESPONDENT'S ANNEXURES

Annexure R1 TRUE COPY OF THE NEWSPAPER ARTICLE PUBLISHED IN THE MALAYALAM DAILY, MALAYALA MANORAMA, KOZHIKODE ON 16.01.2025 PAGE 5

Annexure R1(a) TRUE COPY OF THE NEWSPAPER ARTICLE PUBLISHED IN THE MALAYALAM DAILY, MATHRUBHUMI, KOTTAYAM ON 15.01.2025 PAGE 11

PETITIONER ANNEXURES

Annexure XI True copy of the relevant pages of the Service books of Anup V.H,Siyad K.K,Bibin Chandran,Sreenath P.S,Anoop m.n,Prasanth P.V,and Shyju N.D is produced herewith.

Annexure XII Relevant pages of the Service book containing the recording of test qualification is produced herewith. R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

2025:KER:14858

PETITIONER'S ANNEXURES

Annexure I True copy of the details of the list of Forest guards/ Beat Forest Officers who got promotion as Section Forest Officers from 01.09.2010 to 31.12.2024 within the High Range Circle

Annexure II True copy of the list of incumbents who got promotion as Section Forest Officers within the Central Circle from 01.09.2010 onwards

Annexure VI True copy of the list of Special Recruitees promoted as Section Forest Officers from the post of Beat Forest Officers from 30.08.2010 to 30.11.2024 without having the prescribed qualification ( in Rule 10 (2) of Special Rules 2010 ) with respect to Southern Circle, Kollam

Annexure VII True copy of the list of Special Recruitees promoted as Section Forest Officers since 01.09.2010 without having the prescribed qualification (in Rule 10(2) of Special Rules 2010) with respect to High Range Circle, Kottayam

Annexure III True copy of the list of incumbents who got promotion as Section Forest Officers within the Southern Circle from 01.09.2010 onwards R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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with typed copy

Annexure V True copy of the list of list of incumbents who got promotion as Section Forest Officers within the Northern Circle from 30.08.2010 onwards with typed copy

Annexure IV True copy of the list of incumbents who got promotion as Section Forest Officers within the Eastern Circle from 01.09.2010 onwards

Annexure X1 True copy of the relevant pages of Service books of Anup. V. H, Siyad. K.K, Bibin Chandran, Sreenath. P. S, Anoop. M. N, Prasanth. P.V and Shyju. N. D

Annexure XII True copy of the relevant page of the Service Book of Anup. V. H containing the recording of test qualification R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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PETITIONER'S ANNEXURES

Annexure A A TRUE PHOTOCOPY OF THE ORDERS DATED 10.8.2010 ISSUED BY THE DIVISIONAL FOREST OFFICER, MALAYATOOR R.P.Nos.1310/2024, 1314/2024, 1349/2024, 1393/2024

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PETITIONER'S ANNEXURES

Annexure A A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE ORDERS DATED 10.8.2010 ISSUED BY THE DIVISIONAL FOREST OFFICER, MALAYATOOR