R.Thannappan v. The Principal Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.4268 of 2019 R.Thannappan .. Petitioner Vs.

1. The Principal Chief Conservator of Forests Head of Forest force Panagal Maaligai Saidapet, Chennai - 15.

2. District Forest Officer, Salem Division, Hasthampatty, Salem.

3. The Forest Extension Officer, Extension Division Officer, Karur.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondent to settle the pray for issuance of a Writ of Mandamus to direct the respondent to settle the pay for the period treated as unearned leave from 18.05.2012 to 05.10.2012 (141 days) and to further direct the respondent to pay the differential salary payable due for the period from 05.03.2012 to 17.05.2012 and from 06.10.2012 to 24.10.2012 in Forest Extension Division, Karur and the period from 01.11.2012 to 31.10.2013 in the District forest Officer, Salem Division, Salem taking note of the Scale of pay as applicable to as District Forest Officer in place of Forest Range along with interest at the rate of 24% per annum, by considering my representation dated 03.01.2019 on merits and as per law within a specified period.

For Petitioners : M/s.M.K.subramanian For Respondents : Ms.Thangavadhana Balakrishnan Additional Government Pleader ( Forests )

O R D E R

The grievances of the writ petitioner is that the pay for the period treated as unearned leave from 18.05.2012 to 05.10.2012 (141 days) and the differential salary payable due for the period from 05.03.2012 to 17.05.2012 and from 06.10.2012 to 24.10.2012 in Forest Extension Division, Karur and the period from 01.11.2012 to 31.10.2013 in the District forest Officer, Salem Division, Salem, taking note of the Scale of pay as applicable to as District Forest Officer are not paid. Thus, the petitioner claims disbursements of all such payments along with the interest.

2. The learned counsel for the writ petitioner now confined the relief as such sought for in the present writ petition and submitted that it is suffice a direction is issued to consider the representation submitted by the writ petitioner in respect of the claim made by him.

3. Under these circumstances, without going in to the merits of the matter, the 1st respondent is directed to consider the representation submitted by the writ petitioner on 15.11.2018 and pass orders an merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

4. The writ petitioner is directed to enclose the copy of the representation and all other relevant Government orders, if any, along with the order passed in the present writ petition.

5. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Kmm/Pkn To

1. The Principal Chief Conservator of Forests Head of Forest force Panagal Maaligai Saidapet, Chennai - 15.

2. District Forest Officer, Salem Division, Hasthampatty, Salem.

3. The Forest Extension Officer, Extension Division Officer, Karur.

+1cc to M/s.T.Dharani, Advocate sr.no.13187 +1cc to Special Government Pleader sr.no.13683 W.P.No.4268 of 2019 sr(co) nr 21/03/2019