The High Court directed the Chief Conservator of Forests to reconsider the petitioner's claim for regularisation of service in light of the Umadevi judgment and relevant scheme, providing a final decision within three months.
Directed the 3rd respondent to reconsider the petitioner's claim for regularisation within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933
WP(C).No. 29826 of 2003(A) --------------------------
PETITIONER:
JOHN MATHEW, S/O. C.O. MATHEW, AGED 48 YEARS, WORKING AS DAILY WAGED MECHANIC GRADE II, FORESTRY TRAINING CENTRE, ARIPPA, THIRUVANANTHAPURAM RESIDING AT CHERUTHANNIYIL HOUSE, KIDANGOOR P.O., KOTTAYAM.
BY ADV. SRI.R.SREERAJ SRI.M.R.HARIRAJ SMT.VINEETHA B. SMT.ANSU COTTAGIRI VARGHESE SMT.REKHA VASUDEVAN SRI.SURAJ.S SRI.P.A.KUMARAN SRI.K.S.SARATH KUMAR SRI.S.NITHIN
RESPONDENTS:
BY GOVERNMENT PLEADER, SRI. A.J. JOSE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 29826 of 2003(A)
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE ORDER NO.7/80 DATED 29.05.1980 ISSUED BY THE DEPUTY CONSERVATOR OF FOREST.
EXT.P2 : TRUE COPY OF THE NOTIFICATION G.O.(MS) NO.78/89/F&WLD DATED 04.08.1989.
EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 20.08.1993.
EXT.P4 : TRUE COPY OF THE CIRCULAR NO.9516/ADV.C1/92/P&ARD DATED 09.03.1995 ISSUED BY THE 1ST RESPONDENT.
EXT.P5 : TRUE COPY OF JUDGMENT DATED 6.1.1998 IN OP 10639/94 OF THIS HONOURABLE COURT
EXT.P6 : TRUE COPY OF ODER NO.13881/F1/91 DATED 6.3.1996 ISSUED BY THE THIRD RESPONDENT
EXT.P7 : TRUE COPY OF THE LETTER DATED 31.10.1998 FURNISHED BY THE THIRD RESPONDENT
EXT.P8 : TRUE COPY OF LETTER DATED 10.5.2002 ISSUED BY THE FOURTH RESPONDENT
EXT.P9 : TRUE COPY OF REPRESENTATION DATED 10.5.2002 TO THE SECOND RESPONDENT
EXT.P10 : TRUE COPY OF G.O.(P) NO.39.2002/P&ARD DATED 26.8.2002 ISSUED BY THE FIRST RESPONDENT
EXT.P11 : TRUE COPY OF THE G.O.NO.460/2005/F&WLD DATED 23.8.2005
EXT.P12 : TRUE COPY OF REPRESENTATION DATED 5.10.2005 SUBMITTED BY THE PETITIONER TO THE HONOURABLE CHIEF MINISTER
EXT.P13 : TRUE COPY OF LETTER NO.E6-25410/F1/05/FOREST DATED 24.6.2006 FORWARDED BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT
EXT.P14 : TRUE COPY OF ORDER NO.12384/F1/05/FOREST DT. 24.1.2007 ISSUED FOR THE SECOND RESPONDENT
EXT.P15 : TRUE COPY OF THE RECRUITMENT RULES
EXT.P16 : TRUE COPY OF THE ORDER NO.E2-14976/2005(2) ISSUED BY THE THIRD RESPONDENT DT. 24.3.2010
EXT.P17 : TRUE COPY OF THE LETTER NO.E1-526/03 ISSUED BY THE FOURTH RESPONDENT DT. 31.3.2010
/TRUE COPY/
PA TO JUDGE
P.R.RAMACHANDRA MENON,J
W.P.(C)No. 29826 OF 2003
Dated this the 4th day of November, 2011
JUDGMENT
The order dated 26.08.2002 passed by the 1st
respondent holding that, the service of the petitioner cannot be regularised is under challenge, raising many a ground, legal as well as factual.
WP(C) No. 29826 of 2003
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petitioner. The learned counsel submits that the writ petition could be disposed of by directing the 3rd respondent to consider the matter and to take a decision with regard to the claim put forth by the petitioner.
The Writ Petition is disposed of as above.
P.R.RAMACHANDRA MENON, JUDGE
ttb
2 issues framed by the court
Whether the petitioner is entitled to claim regularisation of service despite the Supreme Court decision in Umadevi case.
Whether the petitioner can avail the benefit of observations in paragraph 53 of the Umadevi verdict.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka & others v. UmadeviReferred¶46
Secretary, State of Karnataka & others v. Umadevi (3) and others (2006) 4 SCC 1 · Who else cites this
JOHN MATHEW
STATE OF KERALA
SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE
CHIEF CONSERVATOR OF FORESTS
PRINCIPAL, KERALA FOREST SCHOOL
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
