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Madras High CourtWP/24155/2010disposed of

M.Parthiban, v. The Government Of Tamil Nadu,

2021-12-13Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 24155 of 2010 and M.P. No. 2 of 2010 M.Parthiban ... Petitioner -vs1. The Government of Tamil Nadu, rep. by its Principal Secretary to Government, Environment & Forests Department, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests,

3. The Chairman, Departmental Selection Board and Chief Conservator of Forests (P&V), O/o. the Principal Chief Conservator of Forests, ... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Third Respondent in connection with the impugned Notification in Ref.No. B2/33489/2009 dated 11.02.2010 and quash the same and issue consequential direction to the Respondents to depute the Petitioner to the Rangers Course in Forest College and to recruit him as Forest Ranger with retrospective effect from the date on which 1996 Selectees' have been appointed as Forest Ranger with all consequential service within a limited time frame.

For Petitioner :

Mr. M.Ravi For Respondents:

Mr. K.H.Ravikumar, Government Advocate (Forest)

O R D E R

The Writ Petition challenges the Notification in Ref. No. B2/33489/2009 dated 11.02.2010 issued by the Third Respondent and to consequently direct the Respondents to depute the Petitioner to the Rangers Course in Forest College and to

recruit him as Forest Ranger with retrospective effect from the date on which 1996 selectees have been appointed as Forest Ranger with all consequential service within a limited time frame.

2.

Learned Government Advocate appearing for the Respondents, on instructions, states that the Petitioner belongs to BC category and he had to obtain 35% of marks in each subject, but he had secured only 17% marks in Maths-I subject, which led to his non-selection for the Rangers Course. Further, the age limit for BC category to which the Petitioner belongs is 35 years, but on 01.04.2010, the age of the Petitioner was 45 years. In such circumstances, he was not entitled for the selection of Rangers Course. However, it has been pointed out that the Petitioner, who was initially appointed as Junior Assistant on 16.06.1990, on promotion has joined duty on 30.06.1994 as Assistant in the Tamil Nadu Ministerial Service and by virtue of his seniority position in the cadre of Assistant, he was promoted to the post of Superintendent and has joined duty in that post on 29.06.2011 and he has been subsequently granted further promotion to the post of Personal Assistant on 22.02.2021 in Tamil Nadu General Service and he is still working in Forest Department.

3. In view of the aforesaid submissions made, which deserve acceptance, no further orders are required in this Writ Petition, except to make it clear that if the Petitioner has any other grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In the result, the Writ Petition is dismissed with the aforesaid clarifications. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vjt/skr To

1. The Principal Secretary to the Government of Tamil Nadu, Environment & Forests Department, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests,

3. The Chairman, Departmental Selection Board and Chief Conservator of Forests (P&V), O/o. the Principal Chief Conservator of Forests, W.P. No. 24155 of 2010 +1 cc to Government Pleader Sr.NO.66780 KSM(CO) A.SK(21.12.2021)