S.Kumar v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1856 of 2023 S.Kumar Petitioner vs.

1.Government of Tamil nadu 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 - 15.

3.The Chief Conservator of Forests, Tirunelveli Division, Tirunelveli.

4.The District Forest Officer cum Wild Life Warder, Kanniyakumari Division, Nagercoil.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to include the state wide seniority list in the category of Plot Watcher/Anti-Poaching watcher, to appointed the petitioner in the cadre post of Forest Watcher after completion of 10 years same was done in Similarly placed persons like petitioners issued a Government G.O.Ms.No.227, Environment, Climate

Change and Forests (FR (ii)) Department, dated 30.12.2022, as per recommendation made by the 4th respondent in Na.Ka.No.P2/3353/2019 dated 09.11.2019 to the 3rd respondent and the same was forwarded to the 1st and 2nd respondent by 3rd respondent and by considering his representation dated 05.01.2023.

For Petitioner : Mr.S.Mani For Respondents : Mr.D.Ravichander Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 05.01.2023, wherein, the petitioner has sought for being appointed in the cadre of Forest Watcher in line with the similarly placed persons as per the recommendation of the 4th respondent through proceedings dated 09.11.2019 following which G.O.Ms.No.227, dated 30.12.2022 was issued.

2.The case of the petitioner is that he was initially appointed as an Anti-Poaching Watcher on daily wage basis in the Forest Department. He completed ten years of service and according to the petitioner, persons who

were similarly placed on completion of ten years were regularized in their services by following G.O.Ms.No.227, dated 30.12.2022. 3.The further case of the petitioner is that this Government Order was issued pursuant to the recommendations made by the 4th respondent. Hence, the petitioner made a representation dated 05.01.2023 in this regard. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.S.Mani, learned counsel appearing on behalf of the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing on behalf of the respondents.

5.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 1st and 2nd respondents to consider the representation made by the petitioner on 05.01.2023 and deal with the same on its own merits and in accordance with law and take a decision, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st and 2nd respondents along

with all the relevant documents and also a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs.

30.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Secretary, Government of Tamil nadu Environment and Forest Department, Fort St. George, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 15.

3.The Chief Conservator of Forests, Tirunelveli Division, Tirunelveli.

4.The District Forest Officer cum Wild Life Warder, Kanniyakumari Division, Nagercoil.

N. ANAND VENKATESH, J.

ssr W.P No.1856 of 2023 30.01.2023