N.Chandran v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4285 of 2020 N.Chandran Petitioner vs.

1. Government of Tamil Nadu, Represented by the Secretary, Environment and Forest Department, Fort.St. George, Chennai - 600 009.

2. The Principal Chief Conservator of Forest Office at Panagal Maaligai, Saidapet, Chennai - 600 015.

3. The District Forest Officer, The Nilgris (South), The Nilgris District.

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner in the cadre post of Forest Watcher on par with his juniors, who were appointed to such post on 05.05.2017, by considering his representation dated 06.10.2019 and in the light of the proceedings dated 08.08.2017 of the 2nd respondent calling for the willingness of the petitioner to get appointed to the cadre post of Forest Watcher. For Petitioner : Mr.Sellapandian for Mr.S.Mani For Respondents: Mr.M.Elumalai Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to appoint the petitioner in the cadre post of Forest Watcher on par with his juniors.

2.The case of the petitioner is that he was initially appointed as a Plot Watcher in the year 1996 by the Forest Department. His services were not regularized till the year 2010 and he was kept on supernumerary post. The petitioner and others who are similarly placed were passed for a willingness by the 2nd respondent to get appointed in the cadre post of Forest Watcher. The petitioner also expressed his willingness and the same is evident from the proceedings of the 2nd respondent dated 08.08.2017. In the said proceedings, the names of 46 persons were considered and the name of the petitioner is found at Serial No.8.

3.The grievance of the petitioner is, his juniors have been appointed in the cadre post of Forest Watcher and that the petitioner has not been appointed till date. The petitioner had made a representation in this regard on 06.10.2019 and since it did not evoke any response, the present writ petition has been filed before this Court.

4.Heard Mr.Sellapandian, learned counsel appearing on behalf of the petitioner and Mr.M.Elumalai, learned Government Advocate appearing on behalf of the respondents.

5.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has already given his willingness to be appointed in the cadre post of Forest watcher and similarly placed persons have already been appointed to the said posts, there shall be a direction to the 2nd respondent to pass orders on the representation made by the petitioner on 06.10.2019 after getting the proposals from the 3rd respondent, in accordance with law and in line with the orders passed for similarly placed persons, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd and 3rd respondents along with a copy of the representation dated 06.10.2019 and a copy of this order.

6.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssr

To

1. The Secretary, Environment and Forest Department, Fort.St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forest Office at Panagal Maaligai, Saidapet, Chennai - 600 015.

3. The District Forest Officer, The Nilgris (South), The Nilgris District.

+1cc to Mr.S.Mani, Advocate, S.R.No.14537 W.P.No.4285 of 2020 SJ(CO) CS/22/05/2020