Madras High CourtWP/154/2023disposed of

K.Sekar v. Government Of Tamil Nadu

2023-01-04Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2023

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. No.154 of 2023

1. K. Sekar

2. M. Srinivasan

3. A. Zakkiriya Mohamed ....

Petitioners

1. Government of Tamilnadu, rep. by its Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Environment and Forest department, Office at Panagal Maligai, Saidapet, Chennai 600 015.

... Respondents Prayer :

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to regularise the petitioners service in the cadre of Forest Watchers for the purpose of getting minimum pension/ Family pension by giving relaxation in respect of height on par with juniors namely P.Karuppiah, S.No.4608 with effect from 24.01.1995 in the light of the order passed by this Hon'ble High Court in W.P.No.23647 of 2013 dated 12.09.2014 and the same was affirmed by Division Bench in W.A.No.2072 of 2018 dated 11.08.2021 and implementation order passed by the 1st respondent in G.O.(2D) No.09 Environment, Climate Change and Forest (FR.2(II)) Department dated 08.02.2022 basis of their joint representation dated 14.11.2022. 1/6

For Petitioners ...

Mr.S.Mani For Respondents ...

Mr.Stalin Abimanyu, Additional Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to regularise the petitioners' service in the cadre of Forest Watchers for the purpose of getting minimum pension/family pension by giving relaxation in respect of height on par with their junior namely P.Karuppiah, Serial No.4608 with effect from 24.01.1995 in the light of the order passed by this Court in W.P.No.23647 of 2013 dated 12.09.2014, affirmed by the Division Bench in W.A.No.2072 of 2018 dated 11.08.2021 and by implementation of the G.O.(2D).No.09 Environment Climate Change and Forest (FR.2(II)) Department, dated 08.02.2022, within a time frame to be fixed by this Court.

2. Mr. Stalin Abimanyu, learned Additional Government Pleader, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal in the admission stage itself.

3. The petitioners claim that they have to be regularised in service as 2/6

Forest Watchers along with their juniors as per the aforementioned orders passed by this Court as well as the aforementioned Government Order. According to the petitioners, despite several representations, they have not been regularised as per the aforementioned orders passed by this Court. In the said circumstances, they have filed this writ petition.

4. Heard Mr.S.Mani, learned counsel for the petitioners and Mr.Stalin Abimanyu, learned Additional Government Pleader for the respondents.

5. At the outset, the learned Additional Government Pleader appearing for the respondents would submit that the petitioners will have to give a fresh representation and once such a representation is given, the respondents shall consider the same on merits and in accordance with law in the light of the aforementioned orders passed by this Court and the aforementioned G.O.

6. No prejudice would be caused to the respondents, if the petitioners are allowed to give a fresh representation and a direction is issued to the respondents to consider the same on merits and in accordance with law in the light of the aforementioned orders passed by this Court and in the light of the aforementioned G.O.

7. For the foregoing reasons, this Court directs the petitioners to 3/6

submit a fresh representation to the 1st respondent seeking regularisation of their service as Forest Watchers by giving relaxation in respect of the height on par with their junior namely P.Karuppiah, Serial No.4608 with effect from 24.01.1995, in the light of the order passed by this Court in W.P.No.23647 of 2013 dated 12.09.2014, affirmed by the Division Bench of this Court in W.A.No.2072 of 2018 dated 11.08.2021 and implementation of the order passed by the 1st respondent in G.O.(2D).No.09 Environment, Climate Change and Forest (FR.2(II)) Department dated 08.02.2022, within a period of one week from the date of receipt of a copy of this order and the 1st respondent shall pass final orders on merits and in accordance with law, in the light of the aforementioned orders passed by this Court as well as the aforementioned G.O. within a period of twelve weeks thereafter.

8. With the aforesaid direction, the Writ Petition is disposed of. No costs.

04.01.2023 Index : Yes/No Speaking Order : Yes / No vsi2 4/6

1. The Secretary, Government of Tamilnadu, Environment and Forest Department, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Environment and Forest department, Office at Panagal Maligai, Saidapet, Chennai 600 015.

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ABDUL QUDDHOSE, J.

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