MUHAMMED HASIM Vs. SASIKUMAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellants and the learned Government Pleader appearing for respondents 2 and 3 and the learned counsel appearing for the private respondents. The brief facts that led to filling of these two Writ Appeals are narrated as under: WP (C) No. 10095 of 2008 was filed by one Mr. Haridasan challenging Ext. P1 dated 01/03/2008, a Government order. Subsequently, one Mr. Saikumar M. also filed WP No. 35147 of 2008 challenging the very same Ext. P1. These two petitioners were admittedly working as Forest Guards in the Department of Forest during 1995 since 1994. It is also not in dispute that as per the recruitment rules of the department, 25% of the vacancies to the post of Foresters are reserved for being filled up among Forest Guards. The recruitment rules provide whenever forest guards training is completed, who secures first rank in such training conducted by the Government, would be entitled to preference in the matter of such promotion, i.e., to the 25% of the vacancies. Apparently, in the year 1995, these two petitioners underwent such forest guards training and obviously they were not first rank holders. Therefore, they were not promoted as per the recruitment rules against the 25% of the vacancies reserved for such out of turn promotion based on the first rank after the training.

(2.) The appellant herein joined the department as a Forest Guard in the year 2006 and he was discharging his duties as a Forest Guard since 2006. By virtue of Ext. R1(a) dated 14/02/2007, the Government of Kerala came out with a proposal as indicated in the said order which reads as under:

(3.) From reading of the above order as a special one time scheme at the time of celebration of "Kerala Piravi", the Government introduced imparting training to 350 Forest Guards recruited in the year 2006 and this Ext. R1(a) was not subject-matter of challenge in either of the Writ Petitions. In pursuance of Ext. R1(a), Ext. P1 came to be issued on 01/03/2008, which reads as follows: