IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29338 of 2009(J)
1. AYYAPPAN.P, RETD. FORESTER,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. CHIEF CONSERVATOR OF FORESTS
3. ACCOUNTANT GENERAL (A & E),
For Petitioner :SMT.P.V.ASHA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/07/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.29338 OF 2009(J)
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Dated this the 5th day of July, 2010
J U D G M E N T
Petitioner retired as an Assistant Wildlife Warden on
31.1.1997. By Ext.P3 Government Order the scheme of “One
Rank One Pension” was introduced and petitioner applied for the
benefit. Accordingly, Ext.P4 authorisation was issued by the 4th
respondent. In that authorisation his designation was shown as
Wild Life Assistant Grade-II and the revised scale of pay was
shown as 7990-12930. Petitioner represented against both the
designation and the scale shown in the authorisation and finally
Ext.P9 authorisation was issued by the 4th respondent. In Ext.P9,
his designation was shown as Wildlife Assistant Grade I and the
applicable scale was shown 9190-15510.
2. Against Ex.P9 authorisation also, the petitioner
represented by submitting Ext.P10 and Ext.P11. There was no
response and therefore filed this writ petition seeking a direction
for issuance of authorisation with the designation Assistant Wild
Life Warden or its equivalent post of Forest Ranger, with the
correct pay scale as applicable to him.
WPC.No.29338 /09
:2 :
3. During the pendency of the writ petition, Ext.P15
authorisation was issued by the 4th respondent. In Ext.P15 though
the designation of the petitioner has been correctly shown as
Assistant Wild Life Warden and the revised scale of pay
mentioned is 9190-15530.
4. The case of the petitioner is that, his designation should
be retained as Assistant Wild Life Warden and the pay scale that
is applicable to him should be that of the Forest Ranger. The
justification offered by the respondents is that there is no post of
Assistant Wild Life Warden in existence and therefore the
petitioner is entitled to the pay attached to the post of Wild Life
Assistant Grd.I. However, as already stated, the post equivalent to
that of Assistant Wild Life Warden is that of Forest Range Officer.
If that be so, going by Ext.P13, the pay as revised by Government
Order dated 25.11.1998, the scale of pay applicable to Forest
Ranger and equated categories is Rs.6675-10550. This was
again revised by Ext.P14 order dated 25th March, 2006 and the
corresponding revised scale of pay is 11070-18450. Necessarily,
therefore the scale of pay as indicated in Exts.P7, P9 and P15 is
erroneous and needs to be revised.
WPC.No.29338 /09
:3 :
Therefore, the writ petition is disposed of directing the 3rd
respondent to issue fresh authorisation, indicating the scale of
pay in the scale of 11070-1845, as applicable to the petitioner.
Needful shall be done by the 3rd respondent within 3 months from
the date of production of a copy of the judgment.
(ANTONY DOMINIC)
JUDGE
vi/