A.Sivanandam v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.02.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4339 of 2021 A.Sivanandam T.Rathinam 3.
Vanarasu 4.
S.Mariappan 5.
S.Arumugam 6.
S.Ramachandren 7.
K.Srinivasan 8.
S.Baskaran 9.
L.Govindarajan 10.
M.Sakthivel 11.
N.Venkadesen 12.
P.Elumalai 13.
K.Subramani 14.
T.Muthurasu 15.
S.Subramani 16.
N.Chinnasamy 17.
H.Mohamed Bashah 18.
S.Jayavel 19.
M.Mani 20.
B.Rajaram 21.
R.Mohanam 22.
C.Palani 23.
M.Dakshinamoorthy 24.
L.Munisamy 25.
A.Muthappa 26.
M.Subramanian 27.
S.Mani 28.
R.Lakshmi Prabha 29.
V.Valliyammal 30.
R.Narayanasamy 31.
R.Malliga Esther Rani 32.
V.Rajendren 33.
M.Mani 34.
A.Gopal 35.
V.Annamalai 36.
K.Ramalingam 37.
P.S.Kannan ... Petitioners Vs.
Government of Tamil Nadu, rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai 600 009.
The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai 600 015.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to order notional promotion to the Petitioners as Forest Guard on par with their juniors by including their names in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the order passed in W.P.No.15726 of 2016, dated 27.04.2016 and in the light of the proceedings of the 2nd Respondent dated 10.10.2014 by considering the representation dated 05.03.2020 of the Petitioners within the time limit to be stipulated by this Court.
For Petitioners :
Mr.T.Sellapandian, For Respondents :
Mr.S.Prabhu, Additional Government Pleader
O R D E R
Petitioners have come up with this Writ Petition seeking a direction to the Respondents to order notional promotion to them as Forest Guard on par with their juniors by including their names in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the order passed in W.P.No.15726 of 2016, dated 27.04.2016 and in the light of the proceedings of the 2nd Respondent, dated 10.10.2014 by considering the representation dated 05.03.2020 made by the Petitioners. According to the Petitioners, their services were regularized with effect from 24.01.1995 in the cadre of Forest Watcher and their seniority was also re-fixed placing them over and above their juniors and they are entitled to next promotion to the post of Forest Guard on par with their juniors. However, the Respondents failed to confer notional promotion to the post of Forest Guard from 31.05.2004, the date on which their juniors were given notional promotion as Forest Guard including their names in the panel for the year 2003-2004. In respect of their
grievance, Petitioners submitted a representation dated 18.06.2018 to the Respondents. As no orders are passed on such representation, Petitioners are before this Court with the above Writ Petition.
3.
Heard the learned counsel on either side and perused the material documents available on record.
4.
Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for by the Petitioners, this Court directs the 2nd Respondent herein to consider the representation dated 18.06.2018 made by the Petitioners and prepare a proposal strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and submit the same to the 1st Respondent and the 1st Respondent shall pass appropriate orders within a period of six weeks, thereafter. Petitioners are also directed to send a fresh representation to the 2nd Respondent along with a copy of the earlier representation dated 18.06.2018, a copy of this order and all other necessary materials.
The Writ Petition is disposed of with the above direction. No costs. Consequently, connected W.M.P.No.4931 of 2021 is closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar (aeb) To:
The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai 600 009.
The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai 600 015.
+37ccs to Mr.S.Mani , Advocate SR.No. 12258 +1 cc to Spl Government Pleader (Forest) Sr.No. 12344 W.P.No.4339 of 2021 A.SK(22.03.2021)