D.Sathiya Priya v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2023 Coram The Honourable Mr. Justice ABDUL QUDDHOSE Writ Petition No.884 of 2023 D.Sathiya Priya ..... Petitioner -Versus1.The State of Tamil Nadu, Rep. by its Principal Secretary Environment, Climate Change & Forest Department, Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forests, (Head of Department) Panagal Building, Saidapet, Chennai-15.
3.The Chief Principal Conservator of Forests, (Afforestation) & Chief Project Director of Tamil Nadu Bio Diversity Conservation & Green Project, JFM Centre, Velacherry Main Road, Chennai 600032.
4.The Conservator of Forests, Forest Genetics Circle, Coimbatore.
5.The Deputy Conservator of Forests, Forests Genetics Division, Coimbatore.
.... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the recommendation letters of the 5th respondent under Na.Ka.No.1146/2019/Pa, Na.Ka.No.2615/2018/Pa dated 04.04.2019
and 30.05.2019 and consequently regularise the petitioner's service from the date of joining (05.07.2001) with all consequential attendant benefits.
For Petitioner : Ms.Thanga Vadhana Balakrishnan For Respondents : Mr.D.Ravichander, Spl. Government Pleader
ORDER
This writ petition has been filed for a mandamus seeking a direction to the respondents to consider the recommendation letters of the fifth respondent dated 04.04.2019 and 30.05.2019 and consequently regularise the petitioner's service from the date of joining i.e. from 05.07.2001 with all consequential attendant benefits. 2.
Learned counsel for the petitioner at the outset would submit on instructions that though a positive direction is sought for in this writ petition, the petitioner will be satisfied if her representation is considered on merits and in accordance with law. 3.
The petitioner claims that she is a Data Entry Operator in the Forest Department and has been working from 2001 onwards.
However, her grievance is that till date, her services has not been regularised. According to the petitioner, the fifth respondent has already recommended the case of the petitioner for regularisation to the post of Data Entry Operator. Letters dated 04.04.2019 and 30.05.2019 issued by the fifth respondent recommending the case of the petitioner for regularisation have also been filed along with the writ petition.
4.
No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court. 5.
The petitioner had given a representation on 21.08.2018. Since the representation given by the petitioner is an old one, the petitioner will have to give a fresh representation. 6.
For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to respondents 1 and 2 requesting them to regularise her services as Data Entry Operator based on the recommendation letters issued by the fifth respondent on 04.04.2019 and 30.05.2019 within a period of one week from the date of receipt
of a copy of this order. On receipt of the said representation, respondents 1 and 2 shall pass final orders on merits and in accordance with law within a period of twelve weeks thereafter. 7.
With the aforesaid direction, the writ petition stands disposed of. No costs.
12.01.2023 Index : Yes / no : Yes / no mmi To 1.The Principal Secretary to Government, Environment, Climate Change & Forest Department, Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forests, (Head of Department) Panagal Building, Saidapet, Chennai-15.
3.The Chief Principal Conservator of Forests, (Afforestation) & Chief Project Director of Tamil Nadu Bio Diversity Conservation & Green Project, JFM Cenre, Velacherry Main Road, Chennai 600032.
4.The Conservator of Forests, Forest Genetics Circle, Coimbatore.
5.The Deputy Conservator of Forests, Forests Genetics Division, Coimbatore.
ABDUL QUDDHOSE.J., mmi 12.01.2023