Kerala High Court
The State Of Kerala vs K Anil Kumar on 5 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
[O.P.(KAT) Nos.320/2022 & 113/2023]
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
OP(KAT) NO. 320 OF 2022
AGAINST THE ORDER DATED 18/2/2022 IN OA (EKM) NO.558 OF 2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST &
WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
039, PIN - 695039
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695
014., PIN - 695014
3 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS
(ADMN)
FORESTRY TRAINING COMPLEX, RAJEEV GANDHI NAGAR,
VATTIYOORKKAVU, THIRUVANANTHAPURAM-695 013, PIN - 695013
4 THE CHIEF CONSERVATOR OF FORESTS
CENTRAL CIRCLE, THRISSUR-680 005.
BY SENIOR GOVERNMENT PLEADER SHRI A.J.VARGHESE
[O.P.(KAT) Nos.320/2022 & 113/2023]
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BY ADV GOVERNMENT PLEADER
RESPONDENT/S:
1 K ANIL KUMAR
S/O. KUTTAPPAKURUP, SECTION FOREST OFFICER, KARIMPANI
FOREST RANGE, (MALAYATTOOR FOREST DIVISION),
BHOOTHATHANKETTU P.O., ERNAKULAM- 686 681, PIN - 686681
RESIDING AT MANGALASSERYIL UZHAOKKODU TEMPLE ROAD,
KALLUVATHUKKAL P.O., KOLLAM-691 578, PIN - 691578
2 S.VIKRAMDAS
SECTION FOREST OFFICER, NATURE STUDY CENTRE, KALADY,
MALAYATTOOR P.O.,-683 587. PROMOTED AND POSTED AS DY.
RANGE FOREST OFFICER, INCHATHOTTY FOREST STATION,
NERIAMANGALAM RANGE, NERIAMANGALAM P.O., PIN-686 693,
KERALA
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
S.VIKRAMDAS(Party-In-Person)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 13.02.2025, ALONG WITH OP(KAT).113/2023, THE COURT ON 05.03.2025
DELIVERED THE FOLLOWING:
[O.P.(KAT) Nos.320/2022 & 113/2023]
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2025:KER:19963
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
OP(KAT) NO. 113 OF 2023
AGAINST THE ORDER DATED 18/2/2022 IN OA (EKM) NO.558 OF 2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
P. VINOD, S/O. A KRISHNAN NAIR,
AGED 51 YEARS
WORKING AS DEPUTY RANGE OFFICER, VAZHANI FOREST STATION,
VAZHANI PO, MACHAD RANGE, THRISSUR DIVISION, THRISSUR-
DISTRICT -680589 RESIDING AT KRISHNAN KRIPA, MUTTUGAL
ROAD, PERINTALMANNA, MALAPPURAM DISTRICT, PIN - 679322
BY ADV K.SANDESH RAJA
[O.P.(KAT) Nos.320/2022 & 113/2023]
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RESPONDENT/S:
1 K. ANIL KUMAR, S/O. KUTTAPPAKURUP,
SECTION FOREST OFFICER, KARIMAPANI FOREST STATION,
THNDATHIL FOREST RANGE, [MALAYATTOOR FOREST DIVISION],
BHOOTHATHANBKETTU PO, ERNAKULAM DIST-686681, RESIDING AT
MANGALASSERYIL, UZHAOKKODU TEMPLE ROAD, KALLUVATHUKKAL PO,
KOLLAM, PIN - 691578
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT FOREST &
WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695039
3 PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN
- 695014
4 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS
[ADMN.],
FORESTRY TRAINING COMPLEX, RAJEEV GANDHI NAGAR,
VATTIYOORKKAVU, THIRUVANANTHAPURAM, PIN - 695013
5 THE CHIEF CONSERVATOR OF FORESTS,
CENTRAL CIRCLE, THRISSUR, PIN - 680005
6 (*)DELETED-- S. VIKRAMDAS,
SECTION FOREST OFFICER, NATURE STUDY CENTRE, KALADY,
MALAYATTOOR PO, ERNAKULAM DIST.- 683587, PROMOTED AND
POSTED AS DY. RANGE FOREST OFFICER, INCHATHOTTY FOREST
STATION, NERIAMANGALAM RANGE, NERIAMANGALAM PO, ERNAKULAM
DIST-686693 (*) IS DELETED FROM THE PARTY ARRAY AT THE
RISK OF THE PETITIONER AS PER ORDER DATED 19/11/2024 IN IA
1/2024 IN OP(KAT)113/2023., PIN - 686693
[O.P.(KAT) Nos.320/2022 & 113/2023]
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BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
VARSHA BHASKAR
ANUPAMA SIBI
N.KRISHNA OZHAKKANAT
MALAVIKA K.
SENIOR GOVERNMENT PLEADER SHRI A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 13.02.2025, ALONG WITH OP(KAT).320/2022, THE COURT ON 05.03.2025
DELIVERED THE FOLLOWING:
[O.P.(KAT) Nos.320/2022 & 113/2023]
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JUDGMENT
[O.P.(KAT) Nos.320/2022 & 113/2023]
Dated this the 5th day of March 2025
A.Muhamed Mustaque, J.
Kerala Forest Subordinate Service consists of different
categories of officers of the Forest Department. One of the
categories is Forester. In the Kerala Forest Subordinate Service
Rules 1962, (hereinafter referred to as the "1962 Rules") the
source of appointment of Foresters is as follows:
[O.P.(KAT) Nos.320/2022 & 113/2023]
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a) 35% - Direct recruitment
b) 40% - Promotion of Guards possessing minimum general
educational qualification of SSLC or equivalent.
c) 25% - By promotion of Forest Guards who do not possess
SSLC standards but who have put in 10 years of service as
Guards and are literate and otherwise fit.
It is also stipulated that Guards with Foresters' training will be
given preference in the promotion quota over Guards trained in
Guards' training schools. It is further specified that Guards who
have secured first rank in the Guards' training from a recognized
forest training school will be deemed to have Foresters' training.
2. In the year 2010, the Government made the Special
Rules for the Kerala Forest Subordinate Service (hereafter
referred to as the "2010 Rules"). This came into force with effect
[O.P.(KAT) Nos.320/2022 & 113/2023]
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from 30/8/2010. In the 2010 Rules, the method of appointment
to the post of Forester was only by way of promotion; and those
Forest Guards who had put in a minimum of 5 years of service
and had completed training from any of the forest training schools
are eligible for promotion. In the 1962 Rules, preference was
given to first-rank holders for promotion as a Forester. However,
the 2010 Rules are silent about such preference.
3. Shri Anil Kumar, the first respondent in both cases, was
appointed as Forest Guard in the year 2006. He underwent
training at the Kerala Forest School between 15/3/2010 and
21/07/2011. He was not promoted as a Forester. He filed W.P.(C)
No. 29207/2011. His claim in the above writ petition was that he
was entitled to be promoted as a Forester in light of the 1962
Rules, based on the first rank he secured in Guards' training. This
[O.P.(KAT) Nos.320/2022 & 113/2023]
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Court disposed of the writ petition on 03/11/2011, directing the
Principal Chief Conservator of Forests to consider his
representation. Thereafter, the Principal Chief Conservator of
Forests considered his representation and based on the 2010
Rules, rejected his request for promotion to the post of Forester.
4. The first respondent, Anil Kumar, thereafter approached
the Kerala Administrative Tribunal in the year 2012 in O.A. No.
848/2012, challenging the order of the Principal Chief Conservator
of Forests. The Tribunal, vide order dated 08/05/2012, directed
the Secretary of the Forest Department to consider the
representation filed by the first respondent against the order of
the Principal Chief Conservator of Forests.
5. Thereafter, the Government considered the request of
the first respondent vide order dated 21/02/2013. The
[O.P.(KAT) Nos.320/2022 & 113/2023]
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Government noted that while the first respondent was deputed for
training, the 1962 Rules were in force, and since he had secured
first rank, he shall be given promotion as Forester in the next
arising vacancy. Thereafter, the first respondent was appointed as
a Forester on 12/03/2013.
6. In the year 2019, the first respondent approached the
Tribunal claiming seniority in the post of Section Forest Officer
(formerly called as 'Forester'), above one Vikram Das, who was
promoted and appointed as Forester in the year 2010. It is to be
noted that Vikram Das was a junior to the first respondent, Anil
Kumar, in the cadre of Forest Guard. He appears to have
completed training ahead of the first respondent and based on the
advantage of training, he was promoted to the post of Section
Forest Officer on 22/01/2010. The Tribunal allowed the original
[O.P.(KAT) Nos.320/2022 & 113/2023]
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application and directed that the first respondent should be
promoted notionally from the date on which his junior was
promoted.
7. This is questioned in these original petitions by the
State and another officer now in the rank of Deputy Range Officer,
who is aggrieved by the directions in the impugned order through
separate original petitions.
8. We find that, for the following reasons, the order of the
Tribunal is not sustainable:
A. The promotion of Vikram Das was in the year 2010. He was
sent for training ahead of the first respondent. As per the
Government Order dated 15/12/1961, the Government
evolved a procedure for sending Forest Guards for training.
Only 40 Forest Guards alone were permitted to take part in
[O.P.(KAT) Nos.320/2022 & 113/2023]
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the training. As per the above Government Order, Forest
Guards who have at least 10 years more of service to
superannuation will be selected for training subject to the
availability of seats. It is not known on what basis Vikram
Das was selected for training. The first respondent never
questioned the selection of Vikram Das, who was his junior,
for the purpose of training. It is on the strength of the
training, Vikram Das marched over the first respondent.
B. The first respondent never questioned the promotion of
Vikram Das in any of the earlier rounds of litigation while
claiming his promotion. It appears that the first respondent
only sought promotion based on the 1962 Rules in the earlier
challenge initiated in the year 2012. Further, the first
respondent had taken up this issue only in the year 2019,
[O.P.(KAT) Nos.320/2022 & 113/2023]
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when a draft seniority list of the Section Forest Officer was
prepared.
C. The first respondent was appointed as a Forester by an order
dated 21/02/2013 in accordance with the 1962 Rules. As per
the above Government Order, he was promoted as Forester
in the next vacancy that arose. The first respondent never
challenged that order. The attempt of the first respondent is
to project the issue as an inter se seniority dispute. The first
respondent cannot raise any challenge to the seniority
without raising any challenge to the promotion granted to
him. He was promoted to the post of Forester in the next
arising vacancy as per the Government Order dated
21/02/2013. He was promoted on 12/03/2013 as a Forester.
The seniority now claimed in the post of Forester, on par
[O.P.(KAT) Nos.320/2022 & 113/2023]
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with his junior from the year 2009, cannot be decided
without questioning the date of promotion, as per the order
dated 21/02/2013. It is obvious that to get over the delay of
more than six years, the reliefs are sought in the original
application in such a way as to make it appear that the issues
are inter se seniority dispute between the first respondent
herein and the aforesaid Vikram Das.
D. Many will be affected if seniority is given to the first
respondent retrospectively. Without impleading necessary
parties, the original application was filed. The petitioner in
O.P.(KAT). No. 113/2023 is one such aggrieved officer who
has come up with a separate challenge. In the seniority list
of the Section Forest Officer, Vikram Das is placed in Serial
No. 117, and the first respondent is placed in Serial No. 343.
[O.P.(KAT) Nos.320/2022 & 113/2023]
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If the first respondent is ordered to be promoted from the
date on which Vikram Das was promoted, many others who
are placed at Serial No. 118 to Serial No. 342 will be affected.
It is without impleading those persons, that the original
application was filed.
Thus, the original petitions are allowed. The impugned order
is set aside.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P. KRISHNA KUMAR, JUDGE
ms
[O.P.(KAT) Nos.320/2022 & 113/2023]
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APPENDIX OF OP(KAT) 113/2023
PETITIONER ANNEXURES
Annexure A1 : TRUE COPY OF THE CERTIFICATE DATED 17/10/2011
ISSUED BY THE FOREST RANGE OFFICER,
WADAKKANCHERRY
Annexure A2 TRUE COPY OF G.O.[RT]]NO.84/2013/F&WLD DATED
21/2/2013 ISSUED BY THE 1ST RESPONDENT.
Annexure A3 TRUE COPY OF THE REPRESENTATION DATED 22/7/2013
SUBMITTED BY THE APPLICANT TO THE 4TH
RESPONDENT.
Annexure A4 TRUE COPY OF THE REPRESENTATION DATED 8/8/2018
SUBMITTED BY THE APPLICANT TO THE 4TH
RESPONDENT.
Annexure A5 TRUE COPY OF THE LETTER NO.E1-6903/2018 DATED
3/2/2019 SENT BY THE 4TH RESPONDENT TO THE
DIVISIONAL FOREST OFFICER, MALAYATOOR.
Annexure6 TRUE COPY OF THE EXTRACT OF THE RANK LIST
NO.38/2006/SSV PUBLISHED BY THE PUBLIC SERVICE
COMMISSION.
Annexure A7 TRUE COPY OF THE ORDER NO.E1-3354/2009 DATED
22/1/2010 ISSUED BY THE 4TH RESPONDENT.
Annexure A8 TRUE COPY OF THE ORDER NO.E7-12970/2018 DATED
3/11/2018 ISSUED BY THE 3RD RESPONDENT ALONG
WITH THE EXTRACT OF THE DRAFT SENIORITY LIST
Annexure A9 TRUE COPY OF THE ORDER NO.E4-62872/2018 DATED
[O.P.(KAT) Nos.320/2022 & 113/2023]
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4/2/2019 ISSUED BY THE 3RD RESPONDENT.
Annexure A10 TRUE COPY OF THE G.O.[MS] NO.1220/61/AGRI.
DATED 5/12/1961 ISSUED BY THE JOINT SECRETARY
TO GOVERNMENT, AGRICULTURE [FOREST A]
DEPARTMENT.
Annexure11 TRUE COPY OF THE LETTER NO.,E1-2171/2007/AGRI.
DATED 16/3/2007 SENT BY THE 4TH RESPONDENT TO
THE CHIEF CONSERVATOR OF FORESTS [IHRD].
Annexure12 TRUE COPY OF LETTER NO.E1-2371/2007 DATED
1/11/2007 SENT BY THE 4TH RESPONDENT TO THE
CHIEF CONSERVATOR OF FORESTS [IHRD].
Annexure A13 : TRUE COPY OF THE LETTER DATED 2/5/2009 SENT
BY THE DIVISIONAL FOREST OFFICER, VAZHACHAL
DIVISION TO THE 4TH RESPONDENT.
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION [EKM]
NO.558/2019 DATED 20/3/2019 FILED BEFORE THE
KERALA ADMINISTRATIVE TRIBUNAL, ADDL. BENCH,
ERNAKULAM
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY 5TH
RESPONDENT DATED 2/11/2019
Exhibit P3 TRUE COPY OF THE ORDER IN O.A. [EKM]
NO.558/2019 DATED 18/2/2022 FILED BEFORE THE
KERALA ADMINISTRATIVE TRIBUNAL, ADDL. BENCH,
ERNAKULAM
Exhibit P4 TRUE COPY OF THE ORDER NO.E7-2001/2019 DATED
7/12/2022 ISSUED BY THE ADDITIONAL PRINCIPAL
CHIEF CONSERVATOR OF FOREST [ADMINISTRATION]
[O.P.(KAT) Nos.320/2022 & 113/2023]
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Exhibit P5 TRUE COPY OF THE ORDER NO.E4-368/2023 DATED
21/2/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE STATE
LEVEL PROVISIONAL SENIORITY LIST AS ON 1/1/2018
[O.P.(KAT) Nos.320/2022 & 113/2023]
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APPENDIX OF OP(KAT) 320/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CERTIFICATE DATED 17.10.2011
ISSUED BY THE FOREST RANGE
OFFICER,WADAKKANCHERRY.
Annexure A2 TRUE COPY OF G.O.(RT) NO.84/2013/F&WLD DATED
21.02.2013 ISSUED BY THE 1ST RESPONDENT.
Annexure A3 TRUE COPY OF THE REPRESENTATION DATED
22.07.2013 SUBMITTED BY THE APPLICANT TO THE
4TH RESPONDENT.
Annexure A4 TRUE COPY OF THE REPRESENTATION DATED
08.08.2018 SUBMITTED BY THE APPLICANT TO THE
4TH RESPONDENT.
Annexure A5 TRUE COPY OF THE LETTER NO.E1-6903/2018 DATED
03.02.2019 SENT BY THE 4TH RESPONDENT TO THE
DIVISIONAL FOREST OFFICER, MALAYATOOR
Annexure A6 TRUE COPY OF THE EXTRACT OF THE RANK LIT
NO.38/2006/SSV PUBLISHED BY THE PUBLIC SERVICE
COMMISSION.
Annexure A7 TRUE COPY OF THE ORDER NO.E1-3354/2009 DATED
22.01.2010 ISSUED BY THE 4TH RESPONDENT
Annexure A8 TRUE COPY OF ORDER NO.E7-12970/2018 DATED
03.11.2018 ISSUED BY THE 3RD RESPONDENT ALONG
WITH THE EXTRACT OF THE DRAFT SENIORITY LIST
Annexure A9 TRUE COPY OF ORDER NO.E4-62872/2018 DATED
[O.P.(KAT) Nos.320/2022 & 113/2023]
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04.02.2019 ISSUED BY THE 3RD RESPONDENT
Annexure A10 TRUE COPY OF G.O.(MS) NO.1220/61/AGRI. DATED
05.12.1961 ISSUED BY THE JOINT SECRETARY TO
GOVERNMENT, AGRICULTURE (FOREST A) DEPARTMENT
Annexure A11 TRUE COPY OF LETTER NO.E1-2371/2007 DATED
16.03.2007 SENT BY THE 4TH RESPONDENT TO THE
CHIEF CONSERVATOR OF FORESTS (IHRD)
Annexure A12 TRUE COPY OF LETTER NO.E1-2371/2007 DATED
01.11.2007 SENT BY THE 4TH RESPONDENT TO THE
CHIEF CONSERVATOR OF FORESTS (IHRD)
Annexure A13 TRUE COPY OF THE LETTER DATED 02.05.2009 SENT
BY THE DIVISIONAL FOREST OFFICER, VAZHACHAL
DIVISION TO THE 4TH RESPONDNET
Exhibit P1 TRUE COPY OF THE OA (EKM) NO.558/2019 ALONG
WITH ANNEXURES.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF ORDER DATED 18.02.2022 IN OA(EKM)
NO. 558 OF 2019
