High Court of KeralaDivision Bench2019-06-18Original applications dismissed; no costs.

OP(KAT) Nos.182, 286, 296 & 302 of 2018, High Court of Kerala, Ernakulam

Case / Petition Number:OP(KAT) Nos.182,286,296 & 302 of 2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Ashok Menon
Judgment Date: 2019-06-18
Court Decision / Holding: The impugned judgment of the Tribunal is set aside and the original applications filed by them are dismissed. The original petitions are allowed. No costs.
Final Disposition: Original applications dismissed; no costs.

Parties to the Case

Appellants / Petitioners

P. Radhakrishna Pillai
K.P. Krishnan
K.A. Abdul Rahiman
C.V. Vijayan

Respondents

The Principal Secretary, Forest and Wild Life (F) Department, Government of Kerala
Additional Principal Chief Forest Conservator (Administration), Government of Kerala, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram
State of Kerala represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram
C.V. Vijayan

Legal Representation & Advocates

Counsels for Petitioners

• Sri Siraj Karoly
• Sri G. Sivasankar
• Sri A. Jani (Kollam)
• Smt. Jyothy Kumari L.

Counsels for Respondents

• Sri Antony Mukkath

Case Synopsis & Summary

These four Kerala High Court original petitions (OP(KAT) nos. 182/2018, 286/2018, 296/2018 and 302/2018) challenge Kerala Administrative Tribunal orders regarding pensionary benefits for Forest Department retirees. The petitions/listed respondents (the Government of Kerala and senior forest officials) contend that the period spent in training, and the consequent inclusion of such training for leave and pension, should be governed by the Kerala Forest Service Special Rules, 2010, specifically Rule 9(1)(e). The Tribunal had extended similar benefits to other retirees in OA matters based on government orders, but the government subsequently cancelled those benefits by Government Order dated 06-03-2018, arguing that the two earlier beneficiaries cannot justify a blanket extension. The respondents cite pre-2010 rules and argue the 2010 Special Rules were not retroactive, so the retirees who had already ceased service are not entitled to these benefits. The court notes that D.S. Nakara and Kasturi decisions address pensionary benefits tied to retirement dates, but distinguishes them on the facts since the petitioners had retired before or around the enforcement of the 2010 Rules. Ultimately, the High Court sets aside the Tribunal orders, dismisses the original applications, and holds that no pensionary extension is warranted, with no costs ordered. The matter is decided by a Division Bench comprising Justices V. Chitambaresh and Ashok Menon on 18-06-2019.

Provisions of Law Cited

Kerala Forest Service Special Rules, 2010Rule 9(1)(e)Kerala Forest Service Special Rules, 1966

Legal Doctrines & Maxims

Principle against arbitrariness in pensionary benefits
Equality of treatment in pension matters (parity considerations)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the period spent in training and practical training in the Forest Department should be counted towards leave and pension under Rule 9(1)(e) of the Kerala Forest Service Special Rules, 2010, even though retirement occurred after enforcement of the 2010 rules. They rely on the pattern where similarly situated retirees were granted such benefits and challenge the 2018 cancellation order as arbitrary and contrary to the parity principle.

Contentions of Respondents

The respondents argue that the relaxation granting benefits to two other retirees was an anomalous/temporary measure. They contend that the 2010 Special Rules are not retroactive, the two earlier beneficiaries’ case cannot justify a general extension, and the Tribunal’s order granting benefits cannot stand in light of subsequent cancellation and the statutory framework.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
D.S. Nakara and others v. Union of India	(1983) 1 SCC 305	Distinguished	Cited to illustrate pension arbitrariness but distinguished on the particular facts of retirement date relevance under the 2010 Rules.
V. Kasturi v. Managing Director, State Bank of India, Bombay and another	(1998) 8 SCC 30	Distinguished	Similar pension principles raised but distinguished on facts for the Kerala Forest Service case.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against OP(KAT) Nos.182, 286, 296 & 302 of 2018, High Court of Kerala, Ernakulam and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** ## **THE HONOURABLE MR. JUSTICE ASHOK MENON** **TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941** ## **OP(KAT).No.182 of 2018** **AGAINST THE ORDER DATED 4.8.2017 IN O.A.(EKM)NO. 192/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS:** - **1 THE PRINCIPAL SECRETARY, FOREST AND WILD LIFE (F) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.** - **2 ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR (ADMINISTRATION), GOVERNMENT OF KERALA, FOREST HEADQUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695001.** - **3 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANTS:** - **1 P.RADHAKRISHNA PILLAI, ASSISTANT CONSERVATOR OF FORESTS (RTD), SREERESMI, 30-PRATHEEKSHA NAGAR, KILIKOLLUR P.O., KOLLAM-691004.** - **2 K.P.KRISHNAN RANGE OFFICER (RTD), S/O.PAINKAN, KAROTTUKUDIYIL HOUSE, CHELAD P.O., KOTHAMANGALAM-666881, ERNAKULAM DISTRICT.** - **3 K.A.ABDUL RAHIMAN** - **RANGE OFFICER (RTD), S/O.ABDUL MOULAVI, KARUVALLY HOUSE, ONNAM MILE, PERUMBAVOOR-683542, ERNAKULAM DISTRICT.** OP(KAT) Nos.182,286,296 & 302 of 2018 2 - **4 C.V.VIJAYAN** **ASSISTANT CONSERVATOR (RTD), S/O.VELAYUDHAN, CALLIKADAVIL HOUSE, AMBALLORE VILLAGE, MUKUNDAPURAM TALUK, ERIPPODE, ALAGAPPA NAGAR P.O., THRISSUR DISTRICT, PIN-680302.** **BY ADV. SRI.SIRAJ KAROLY** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 17.06.2019, ALONG WITH OP(KAT).286/2018, OP(KAT).296/2018 & OP(KAT).302/2018, THE COURT ON 18.06.2019 DELIVERED THE FOLLOWING:** OP(KAT) Nos.182,286,296 & 302 of 2018 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR.JUSTICE ASHOK MENON** **TUESDAY, THE 18TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941** ## **OP(KAT).No.286 of 2018** **AGAINST THE ORDER DATED 7.3.2018 IN O.A.NO. 1846/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS IN O.A.:** **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST & WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.** - **3 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014.** - **4 THE ACCOUNTANT GENERAL (A & E) KERALA OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, PIN - 695 001.** **BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANTS IN O.A.:** - **1 RAJENDRAN NAIR A. AGED 67 YEARS, S/O. APPUKUTTAN NAIR R., RETIRED ASSISTANT CONSERVATOR OF FORESTS,** OP(KAT) Nos.182,286,296 & 302 of 2018 4 **OFFICE OF THE CHIEF CONSERVATOR OF FORESTS (VIGILANCE), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014, RESIDING AT MADATHIL HOUSE, MADATHIL NADA, THIRUVALLAM P.O., THIRUVANANTHAPURAM, PIN - 695 027.** **2 SIMON FRANCIS K. AGED 65 YEARS, S/O. C.R. FRANCIS JOSEPH, RETIRED ASSISTANT CONSERVATOR OF FORESTS (ASSISTANT FIELD DIRECTOR), PERIYAR TIGER RESERVE, THEKKADY, KUMILY, IDUKKI, PIN - 685 509, RESIDING AT KOCHEEKARAN VEEDU, CIVIL STATION WARD, ALAPPUZHA, PIN - 688 001. 3 MURALEEDHARAN NAIR P.N. AGED 65 YEARS, S/O. K.NARAYANAN NAIR, RETIRED ASSISTANT CONSERVATOR OF FORESTS, (DIRECTOR FIB), FOREST INFORMATION BUREAU, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014, RESIDING AT 'HOUSE NO. 138, 'ROHINI' AKG NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695 005. 4 P. CHANDRABHANU PANICKER AGED 66 YEARS, RETIRED RANGE OFFICER, (DEPOT OFFICER) GOVERNMENT TIMBER DEPOT, ACHENCOVIL, KOLLAM, PIN - 689 696, RESIDING AT MANALIVILAKOM, HOUSE NO. 50, TC 42/330(1), PARAMBIL NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM, PIN - 695 008. 5 MOHANAN NAIR R. AGED 62 YEARS, S/O. V. RAGHAVAN PILLAI, RETIRED DEPUTY CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, FMIS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014, RESIDING AT ADITYA, C.C.34/2483-A, B.T.S. ROAD, BYLANE - 3, EDAPPALLY P.O., KOCHI, PIN - 682 024. 6 PRASANNAN V. AGED 65 YEARS, S/O. S. VELU, RETIRED ASSISTANT CONSERVATOR OF FORESTS (DIVISIONAL FOREST OFFICER), DIVISIONAL FOREST OFFICE, PUNALUR, KOLLAM, PIN - 691 305, RESIDING AT SOUPARNIKA, KOTTIYODU LANE, ATTINGAL P.O., THIRUVANANTHAPURAM, PIN - 695 101.** OP(KAT) Nos.182,286,296 & 302 of 2018 5 **7 HARIHARAN K.T. AGED 67 YEARS, S/O. K.A. THANKAPPAN ACHARY, RETIRED DEPUTY CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, (SOUTHERN CIRCLE), VANASREE COMPLEX, CHINNAKADA, KOLLAM, PIN - 691 001, RESIDING AT SARASWATHI BHAVAN, KIZHAKKENADA, CHENGANNUR, ALAPPUZHA - 691 121, KERALA. 8 RAJENDRAN ACHARY AGED 65 YEARS, S/O. SANKARAN ACHARY, RETIRED ASSISTANT CONSERVATOR OF FORESTS, FOREST RAPID ACTION FORCE, KONNI, PIN - 689 691, RESIDING AT THEKKEDATHU HOUSE, THAZHAKKARA P.O., MAVELIKKARA, ALAPPUZHA, PIN - 690 102. 9 SASIDHARAN T.V. AGED 66 YEARS, S/O. T.S. VELAYUDHAN, RETIRED ASSISTANT CONSERVATOR OF FORESTS, OFFICE OF THE CONSERVATOR OF FORESTS (HIGHRANGE CIRCLE), PARAMPUZHA DEPOT COMPOUND, KOTTAYAM, PIN - 686 004, RESIDING AT THAZHATHEKUDIYIL, KOODAPUZHA, CHALAKUDY P.O., THRISSUR, PIN - 680 307.** **10 GOPINATH P. AGED 66 YEARS, S/O. N. PADMANABHAN ACHARY, RETIRED ASSISTANT CONSERVATOR OF FORESTS, OFFICE OF THE CONSERVATOR OF FORESTS (HIGHRANGE CIRCLE), PARAMPUZHA DEPOT COMPOUND, KOTTAYAM - 686 004, RESIDING AT ALIYAZHIKATHU PUTHEN VEEDU, KUNDAYAM P.O., PATHANAPURAM, KOLLAM, PIN - 689 695. 11 SAMBADEVAN K.V. AGED 63 YEARS, S/O. K. VASUDEVAN NAIR, RETIRED ASSISTANT CONSERVATOR OF FORESTS, OFFICE OF THE DIVISIONAL FOREST OFFICER, RANNY DIVISION, RANNY P.O., PATHANAMTHITTA, PIN - 689 672, RESIDING AT 'KAMALAKAM', THOTTAPPUZHASSERY, MARAMON P.O., PATHANAMTHITTA, PIN - 689 549.** **BY ADVS. SRI.G.SIVASANKAR SRI.JANI A. SMT.JYOTHYKUMARI L.** OP(KAT) Nos.182,286,296 & 302 of 2018 6 **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 17.06.2019, ALONG WITH OP(KAT).182/2018, OP(KAT).296/2018 & OP(KAT).302/2018, THE COURT ON 18.06.2019 DELIVERED THE FOLLOWING:** OP(KAT) Nos.182,286,296 & 302 of 2018 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR.JUSTICE ASHOK MENON** **TUESDAY, THE 18TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941** **OP(KAT).No.296 of 2018** **AGAINST THE ORDER DATED 23-08-2017 IN O.A.NO.206/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 TO 3 IN O.A.:** **1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST & WILD LIFE, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 3 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER** ## **RESPONDENT/APPLICANTS & 4TH RESPONDENT IN O.A.:** **1 G.RAJU S/O C.GOPALAN, AGED 65 YEARS, RETIRED DEPUTY CONSERVATOR OF FORESTS (NC), FOREST WORKING PLAN OFFICE, PUNALUR,PUNALUR P.O., KOLLAM-691305, RESIDING AT MANAKKUNNIL VEEDU, PADINJATTINKARA,KOTTARAKKARA P.O, KOLLAM-691506.** OP(KAT) Nos.182,286,296 & 302 of 2018 8 **2 GEORGE VARGHESE S/O T.G VARGHESE, AGED 63 YEARS, RETIRED FORESTRY DIVISION, FOREST COMPLEX, CHINNAKKADA, KOLLAM-691001, RESIDING AT THIRUVINAL HOUSE, ANANDAPALLY P.O, ADOOR, VIA,PATHANAMTHITTA-691523.** **3 P. SREEDHARAN S/O LATE M.E DHARMAN, AGED 64 YEARS, RETIRED DEPUTY CONSERVATOR OF FORESTS(NC),KANNUR FOREST DIVISION, RESIDING AT PUTHIYETATH HOUSE,KANDOTH P.O, PAYYANNUR VIA, KANNUR DISTRICT-670307.** **4 KRISHNAKUMAR H, S/O RAMACHANDRAN NAIR K.R, AGED 64 YEARS, RETIRED DEPUTY CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, NORTHERN REGION, VANASREE, MATHOTTAM, KOZHIKODE-673028, RESIDING AT THIRUMUTAM, DURGA DEVI TEMPLE EAST NADA, KALLAI P.O., KOZHIKODE-673003.** **5 V.J GEORGE S/O JACOB, AGED 64 YEARS, RETIRED DEPUTY CONSERVATOR OF FORESTS, KERALA FOREST SCHOOL, WALAYAR DAM P.O, PALAKKAD-678624, RESIDING AT A3, DREAMCITY APARTMENTS, BYE PASS ROAD,PUTHIYARA P.O, CALICUT-673004.** **6 T.U UTHUP S/O T.U UTHUP, AGED 64 YEARS, RETIRED ASSISTANT CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS(VIGILANCE), FOREST HEADQUARTERS, VAZHUTHACUAD,THIRUVANANTHAPURAM-695014, RESIDING AT PRA 57/8,PUTHUPALLY LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.** **7 M.G ABRAHAM S/O LATE GEORGE M.M, AGED 62 YEARS, RETIRED DEPUTY CONSERVATOR OF FORESTS (NC), HINDUSTAN NEWS PRINT LTD, NEWS PRINT NAGAR-686616,VELLOOR, KOTTAYAM DISTRICT, RESIDING AT MARANKANDATHIL HOUSE,MUTHALAKODAM P.O, THODUPUZHA, IDUKKI-685605.** OP(KAT) Nos.182,286,296 & 302 of 2018 9 **8 THE ACCOUNATANT GENERAL KERALA (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM-695001.** **R1 TO R7 BY ADVS. SRI.ASOK M.CHERIAN SRI.N.SATHEESH SRI.K. JANARDHANA SHENOY** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 17.06.2019, ALONG WITH OP(KAT).182/2018, OP(KAT).286/2018 & OP(KAT).302/2018, THE COURT ON 18.06.2019 DELIVERED THE FOLLOWING:** OP(KAT) Nos.182,286,296 & 302 of 2018 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR.JUSTICE ASHOK MENON** **TUESDAY, THE 18TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941** **OP(KAT).No.302 of 2018** **AGAINST THE ORDER DATED 7.3.2018 IN O.A 2081/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS IN O.A.:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM.** - **2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.** - **3 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION) FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.** - **4 THA ACCOUNTANT GENERAL KERALA (A & E), OFFICE OF THE ACCOUNT GENERAL, THIRUVANANTHAPURAM.** - **BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANTS:** - **1 PUSHPANGADAN. M S/O. K. MATHU, AGED 65 YEARS, RETIRED WORKING PLAN OFFICER, OFFICE OF THE WORKING PLAN DIVISION OFFICE, PUNALUR, KOLLAM, RESIDING AT USHUS, MOONUMUKKU, ULLOORKONAM, KAZHAKUTTOM P.O., THIRUVANANTHAPURAM.** OP(KAT) Nos.182,286,296 & 302 of 2018 11 **2 JAMES ZACHARIAS S/O. MATHEW ZACHARIAS, AGED 63 YEARS, RETIRED ASSISTANT CONSERVATOR OF FORESTS, SPECIAL INVESTIGATION & PROTECTION, HIGH RANGE CIRCLE, KOTTAYAM, RESIDING AT MUNDAKKAL HOUSE, RAMAPURAM BAZAR P.O., KOTTAYAM.** **3 THULASEEDHARAN S/O. P.K. KRISHNAN, AGED 66 YEARS, RETIRED ASSISTANT CONSERVATOR OF FOREST, FOREST HEAD QUARTERS DEVELOPMENT CCF OFFICE, THIRUVANANTHAPURAM, RESIDING AT T.C. 15/246-3, ALTHARA NAGAR, VELLAYAMBALAM, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM.** **BY ADVS. SRI.G. SIVASANKAR SRI.A.JANI (KOLLAM)** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 17.06.2019, ALONG WITH OP(KAT).182/2018, OP(KAT).286/2018 & OP(KAT).296/2018, THE COURT ON 18.06.2019 DELIVERED THE FOLLOWING:** OP(KAT) Nos.182,286,296 & 302 of 2018 12 ## Judgment ## Chitambaresh, J. - 1.It is beyond dispute that all the respondents herein had retired from service on attaining the age of superannuation much before the Kerala Forest Service Special Rules, 2010 came into force on 21.10.2010. It is only under Rule 9(1)(e) of the Special Rules aforesaid can the period spent on training in the institution and practical training in the Forest Department be counted for leave and pension. Similar provisions did not admittedly exist in the Special Rules for the Kerala Forest Service, 1966 which governed the respondents during their entire stint of service. - 2.The Administrative Tribunal was prompted to extend the benefits to the respondents only because two others similarly placed were granted evidenced by the orders dated 16.2.2016 and 2.3.2016. But then the Government Pleader points out that the benefits so granted to the two others as a special case were cancelled by order dated 6.3.2018 of the Government which is unchallenged. The ground on which the Tribunal granted the benefits to two others no longer exists and therefore the respondents cannot OP(KAT) Nos.182,286,296 & 302 of 2018 13 ## complain of any arbitrariness in this regard. - 3.Heavy reliance was placed on D.S.Nakara and others v. Union of India [(1983) 1 SCC 305] and V.Kasturi v. Managing Director, State Bank of India, Bombay and another [(1998) 8 SCC 30]. The above cases dealt with difference in pensionary benefits dependent on the date of retirement of employees which was held to be arbitrary and unreasonable. But the respondents in the instant cases have ceased to be in service on the date on which the Kerala Forest Service Special Rules, 2010 came into force and hence not entitled to the benefits sought for. - 4.The impugned judgment of the Tribunal is set aside and the original applications filed by them are dismissed. The original petitions are allowed. No costs. Sd/- ## V. CHITAMBARESH, JUDGE Sd/- ASHOK MENON, JUDGE **Sha/170619** OP(KAT) Nos.182,286,296 & 302 of 2018 14 ## **APPENDIX OF OP(KAT) 182/2018** **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **A PHOTOCOPY OF THE O.A.NO.192/2017 ALONG WITH ITS ANNEXURES.** **EXHIBIT P2** **A PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT.** **EXHIBIT P3 A PHOTOCOPY OF THE ORDER DATED 04-08-2017. EXHIBIT P4 A PHOTOCOPY OF THE G.O.(MS)NO.13/2018/F&WLD DATED 06-03-2018.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R1 A TRUE COPY OF THE RELEVANT PORTION OF THE LEGAL OPINION OBTAINED BY THESE RESPONDENTS UNDER THE RIGHT TO INFORMATION ACT** OP(KAT) Nos.182,286,296 & 302 of 2018 15 ## **APPENDIX OF OP(KAT) 286/2018** **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE O.A.NO. 1846/2017 ALONG WITH ANNEXURE A1 TO A7 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE FIRST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FOURTH RESPONDENT.** **EXHIBIT P4 A TRUE COPY OF THE FINAL ORDER DATED 07.03.2018 IN THE ORIGINAL APPLICATION.** **EXHIBIT P5 A TRUE COPY OF THE G.O.(MS) NO. 13/2018/F & WLD DATED 06.03.2018.** **RESPONDENTS' EXHIBITS: NIL** OP(KAT) Nos.182,286,296 & 302 of 2018 16 ## **APPENDIX OF OP(KAT) 296/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE O.A NO.206/2017 ALONG WITH ANNEXURE A1 TO A11 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE FIRST RESPONDENT BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P4 CERTIFIED COPY OF THE ORDER OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL DATED 23.08.2017.** **EXHIBIT P5 TRUE COPY OF THE G.O(MS) NO.3/2018/F & WLD DATED 06.03.2018.** **RESPONDENTS' EXHIBITS: NIL** OP(KAT) Nos.182,286,296 & 302 of 2018 17 ## **APPENDIX OF OP(KAT) 302/2018** **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE O.A.NO. 2081/2017 ALONG WITH ANNEXURE A1 TO A6 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.** **EXHIBIT P2 CERTIFIED COPY OF THE ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 07.03.2018 IN O.A.2081/2017.** **EXHIBIT P3 TRUE COPY OF THE G.O.(MS)NO. 13/2018/F & WLD DATED 06.03.2018.** **RESPONDENTS' EXHIBITS: NIL**