K.Ramachandran v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Ramachandran

...Petitioner

-Vs1.The State of Tamil Nadu, Represented by its Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George, Chennai- 9.

2.The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

3.The District Forest Officer, Social Forestry Division, Kallakurichi.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to regularize the service in the post of typist from the date of initial appointment i.e., on 27.12.2007 for the purpose of Selection Grade and other monetary benefits by consider my representation dated 09.03.2021 as per G.o.Ms.No.1072, Personnel and Administrative Reforms (FR-III) Department, dated 31.10.1986 within time frame.

For Petitioner : M/s.K.Jenitha For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This Writ Petition has been filed for direction directing the third respondent to regularize the service in the post of typist from the date of initial appointment i.e., on 27.12.2007 for the purpose of Selection Grade and other monetary benefits by consider my representation dated 09.03.2021 as per G.o.Ms.No.1072, Personnel and Administrative Reforms (FR-III) Department, dated 31.10.1986 within time frame.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was initially appointed as a Typist by the proceedings dated 27.12.2007 in the Education Department on 10(a)(1) basis temporarily. Thereafter, he had participated in the Special Competitive Examination conducted by the Tamil Nadu Government for the post of Typist. He had passed and he was selected to the post of Typist at Chief Conservator of forests (Research), Chennai, on 23.03.2011 by the proceedings in Proc.No.F/615/2011. Accordingly, he had joined in the Forest Department. His Service Register Book

was opened and his service was regularized with effect from 23.03.2011. Now, he seeks to consider his earlier service for the purpose of selection grade, special grade and monetary benefits.

4. Admittedly, the petitioner was appointed as typist in the Education Department temporarily under 10(a)(1) basis. Therefore, the said service cannot be considered for selection grade and also for other monetary benefits. That apart, the petitioner, as per the fresh notification, had applied for and he was selected to the post of Typist in the Forest Department. Therefore, the earlier service cannot be considered for any purpose and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

11.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St. George, Chennai- 9.

2.The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

3.The District Forest Officer, Social Forestry Division, Kallakurichi.

11.01.2024