G.Muthukumaran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.5194 of 2020 G.Muthukumaran ..Petitioner -Vs1.The State of Tamil Nadu, Rep.by its Secretary to Government, Environment and Forest Depatment, Fort.St.George, Chennai-9.

2.Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai-15.

3.District Forest Officer, O/o District Forest Officer, Cuddalore District.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to promote the petitioner to the post of Forester/Forest Ranger according to the petitioner pay of scale.

For Petitioner : Mr.Ms.G.Selvi George For Respondents : Mr.K.J.Siva Kumar Additional Government Pleader

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to promote the petitioner to the post of Forester/Forest Ranger with all consequential benefits.

2.The case of the petitioner is that initially he was appointed under Rule 10(a)(i) of General Rules as Boat Driver. The petitioner completed 10 years of service and therefore he

was sanctioned selection grade in the year 2009. Thereafter, he was also granted special grade with effect from 22.12.2018. The grievance of the petitioner is that persons who were appointed along with the petitioner have been promoted to the post of Forester and they have also been further promoted as Forest Range Officers. However, the petitioner is continuing in the same post for a long time. The petitioner therefore has given a representation to the respondents in this regard and the petitioner has also approached this Court on an earlier occasion by filing W.P.No.11415/2018, to consider the representation made by the petitioner for re-fixation of seniority on par with the other drivers. This writ petition was also disposed of by an order dated 28.04.2018, by issuing appropriate directions. The petitioner has not been considered for any promotion and therefore he has approached this Court seeking for appropriate directions.

3.Heard Ms.Selvi George, learned counsel appearing for the petitioner and Mr.K.J.Sivakumar, learned Additional Government Pleader, appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representations made by the petitioner on 10.12.2018 and 17.07.2019 and pass appropriate orders strictly in accordance with law, 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 respondent along with a copy of the earlier representations dated 10.12.2018 and 17.07.2019 and also a copy of this order. 5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KP

To 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Environment and Forest Depatment, Fort.St.George, Chennai-9.

2.Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai-15.

3.District Forest Officer, O/o District Forest Officer, Cuddalore District.

+1cc to Mrs. Selvi George, Advocate, S.R.No17667 +1ccs to the Special Government Pleader, S.R.No.18436, 17929 W.P.No.5194 of 2020 RK(CO) EU 26/6/2020