P.T. Stephen v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.22406 of 2008 1.P.T.Stephen 2.A.Dharmaraj 3.T.Devasagayam 4.T.Williams 5.K.Samidoss 6.V.Amaldoss 7.M.Abubacker 8.R.Govindaraj
...Petitioners
-Vs1.The Secretary to Government, Environment & Forest Dept., Fort St. George, Chennai - 600 009.
2.Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600 015.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the G.O.Ms.128, Environment and Forest (FR.II) Department dated 04.08.2005 of the 1st respondent and consequential 2nd respondent's Proc.No. AB1/15450/02 dated 24.10.2005 and quash the same and further direct the respondents to fix the due seniority of the petitioners in the Forest Department, taking into consideration their date of initial (regular) appointment (as Fieldman) in the CINCHONA Department and give them all service benefits, including monetary benefits etc., retrospectively, on par with their immediate juniors (who were retired as Range Officers). (Prayer amended vide order dated 06.12.2021 in WMP.No.27250 of 2021 in WP.No.22406 of 2008)
For Petitioners : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.V.Chokalingham For Respondents : Mr.R.Neelakandan, Additional Advocate General assisted by Mr.C.Selvaraj, Additional Government Pleader
ORDER
With the consent of both the parties, this writ petition is taken up for final disposal.
2. The prayer sought for in this writ petition has become redundant, since the petitioners' claim for counting the services rendered by them in the erstwhile Cinchona Department has been counted, for the purpose of their pensionary benefits, as pointed out by the learned Additional Advocate General, in the proceedings of the Principal Chief Conservator of Forests dated 28.11.2008, which states that the petitioners herein would not be eligible for any financial benefits for the notional promotion granted to them, but it can be counted for pensionary benefits.
3. The impugned orders do not require any interference, in view of the proceedings of the Principal Chief Conservator of Forests, dated 28.11.2008, which admits that these petitioners would be entitled for the pensionary benefits on the notional promotion granted to them. In case such pensionary benefits have not been granted for these notional promotions, the petitioners are at liberty to give a representation before the Principal Chief Conservator of Forests, ventilating their grievances with regard to their claim for pensionary benefits, by taking into account their services rendered in the erstwhile Cinchona Department. On receipt of such a representation, the respondents shall consider the same, in the light of the proceedings dated 28.11.2008, as well as the earlier proceedings dated 24.10.2005 and pass appropriate orders, within a period of 12 weeks from the date of receipt of such a representation.
4. With the above liberty, the Writ Petition stands closed. No costs.
Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar hvk
To 1.The Secretary to Government, Environment & Forest Dept., Fort St. George, Chennai - 600 009.
2.Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600 015.
+1cc to Special Government Pleader (Forest)SR.No.12217 W.P.No.22406 of 2008 KG(CO) GMY(04/03/2022)