K.Elavarasan v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.K.Elavarasan 2.R.Sadaiyan ...
Petitioners vs.
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, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
...
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the notional promotion to the petitioners as Forest Guard for the purpose of getting revised pension on par with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 17.06.2004 in the light of the order passed by this Court in W.P. No.27350 of 2022 dated 17.10.2022 by considering the representation dated 09.05.2022, within the time limit to be stipulated by this Court. 1/4
For petitioners : Mr.S.Mani For respondents : Mr.R.U.Dinesh Rajkumar, Additional Government Pleader
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider notional promotion to the petitioners as Forest Guard for the purpose of getting revised pension on par with their juniors by including their names in the panel drawn for the year 2003-04 with effect from 17.06.2004 in the light of the order passed by this Court in W.P. No.27350 of 2022 dated 17.10.2022 by considering the petitioners' representation dated 09.05.2022, within a time frame to be fixed by this Court.
3.According to the petitioners, identically placed persons were granted notional promotion pursuant to the order passed by this Court in the aforementioned writ petition. According to them, if notional promotion is granted, they will be getting enhanced pension. In such circumstances, they have given a representation on 09.05.2022 to the 2/4
respondents. Since the representation has not been considered till date, they have filed this writ petition.
4.Heard Mr.S.Mani, learned counsel for the petitioners and Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5.No prejudice would be caused to the respondents, if the petitioners' representation as stated supra is considered, on merits and in accordance with law, in the light of the aforementioned order subject to its applicability.
6.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioners' representation dated 09.05.2022 seeking for grant of notional promotion as Forest Guard for the purpose of getting revised pension on par with their juniors by including their names in the panel drawn for the year 2003-2004 with effect from 17.06.2004. While considering the petitioners' representation, the first respondent is directed to give due consideration to the order dated ABDUL QUDDHOSE, J.
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vga 17.10.2022 passed in W.P. No.27350 of 2022 and decide whether the same is applicable to the case of the petitioners or not. The first respondent is directed to pass final orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the aforesaid directions, this writ petition is disposed of. No costs.
05.01.2023 Index: Yes/No vga To
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, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
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