S.Raji, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.20934 of 2018
1. S.Raji
2. M.Raja
3. R.Kala ..Petitioners Vs 1.The State of Tamil Nadu rep.by its Principal Secretary Environment and Forest (FR 2) Department Secretariat, Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of Forests No.15, Jeenis Road, Panagal Building Saidapet, Chennai 600 015.
3. The District Forest Officer Salem District, Salem.
..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularize our service as Plot / Forest Watchers in the light of G.O.(3D) No.65, Environment and Forests (FR-2) Department dated 17.11.2017 and the proceedings of the third respondent dated 13.03.2018 with all consequential monetary and service benefits by considering our representation dated 23.06.2018.
` For Petitioner :Mr.R.Jayaprakash For Respondents:Mr.M.Santhanaraman Additional Govt.Pleader (Forests)
O R D E R
This writ petition has been filed seeking direction to the respondents to regularise the services of the petitioner as Plot / Forest Watcher in the light of G.O.(3D) No.65, Environment and Forests (FR-2) Department dated 17.11.2017 and the proceedings of the third respondent dated 13.03.2018 with all consequential monetary and service benefits by considering their representation dated 23.06.2018.
2. The dates and events as furnished by the petitioner reveals that the petitioner joined the service of the respondent on 01.01.1995 as full time mazdoors. It is the claim of the petitioner that they had been working as part time mazdoors prior to their appointment as full time mazdoors on 01.01.1995. The petitioner submits that the similarly placed workmen have filed O.A.No.2160 of 1989 and O.A.No.1094 of 2003 for regularisation of the services and the same has been allowed by the Tamil Nadu State Administrative Tribunal by its order dated 29.04.2003. Based on that, the third respondent sent a recommendation dated 15.02.2005 for regularisation, in which all the five petitioners' name was available. Again on 21.06.2006, recommendation was sent towards the regularisation of the services of the petitioners.
3. The petitioners approached this Court by way of writ petition in W.P.No.9864 of 2010, seeking regularisation of their service. This Hon'ble Court was pleased to direct the respondents therein to consider the petitioners' representations in the light of the above referred Government Orders, by an order dated 29.12.2010.
4. The petitioners claim that they are also similarly placed as that of the other persons who have filed the previous writ petitions and got orders from this Court.
5. Learned counsel for the respondents would point out that subject to the eligibility critieria being satisfied by the petitioners, the respondents would consider the petitioners' representation dated 23.06.2018.
6. Under the circumstances, the respondents shall consider the representation submitted by the petitioners in the light of the earlier order passed by this Court in the Writ Petition No.9864 of 2010 and also in the light of the recommendation of the third respondent, however, subject to the eligibility criteria being met by the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kst
To 1.The State of Tamil Nadu rep.by its Principal Secretary Environment and Forest (FR 2) Department Secretariat, Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of Forests No.15, Jeenis Road, Panagal Building Saidapet, Chennai 600 015.
3. The District Forest Officer Salem District, Salem.
+ 1 cc to M/s. R. Jayaprakash, Advocate Sr.56475 + 1 cc to Special Government Pleader Sr.56266 W.P.No.20934 of 2018 AK(CO) EU(07/09/2018)