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Madras High CourtWP/5007/2020disposed of

G.Ramachandran v. The Government Of Tamil Nadu,

2020-02-27Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.5007 of 2020 G.Ramachandran ..Petitioner - Vs -

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Environmental and Forest Department, Fort St. George, Chennai-600 009.

2. The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Geenies Road,, Panagal Maligai, Saidapet, Chennai-15.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd respondent to regularize the petitioner as Plot Watcher in the supernumery post as per G.O.Ms.95, Environment and Forest (FR-II) Department Dated 07.08.2009 on from 07.08.2009 and grant all consequential service benefits on par with his juniors.

For Petitioner : Mr.R.Jothimanian For Respondents : Mr.S.Prabhu Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the second respondent to regularize the petitioner in the post of Plot Watcher and for all other consequential benefits.

2. The case of the petitioner is that he is working as a Plot Watcher from the year 1987 onwards for more than 30 years. According to the petitioner, persons, who are similarly placed have been appointed in the regular post of Forest Watcher and Forest Guard. However, the petitioner was not considered for the regular post and therefore, he made a representation to the respondents to regularize his service as a Plot Watcher in the supernumerary post as per G.O.No.95 dated 07.08.2009. Since no orders were passed,

the petitioner approached this Court and filed WP.No.6777 of 2016 and this Court, by an order dated 24.02.2016, directed to the second respondent to consider the representation made by the petitioner and to pass appropriate orders within a period of eight weeks. Since this order was not complied with, a Contempt Petition was filed before this Court. In the meantime, the petitioner was regularized as a Plot Watcher in the supernumerary post along with 64 others on 26.03.2018 in G.O.13. The grievance of the petitioner is that the regularization has been done only from 26.03.2018 and no monetary benefits have been paid to the petitioner on par with his juniors. Therefore, the petitioner has made a representation to the respondents on 25.03.2019. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

3. Heard the learned counsel appearing on behalf of the petitioner and the 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 first and second respondents to consider the representation made by the petitioner on 25.03.2019 and deal with the same in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first and second respondents along with a copy of representation dated 25.03.2019 and a copy of this order.

5. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KMI To

1. The Principal Secretary, Government of Tamil Nadu, Environmental and Forest Department, Fort St. George, Chennai-600 009.

2. The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Geenies Road,, Panagal Maligai, Saidapet, Chennai-15.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.17559 +1cc to the Special Government Pleader, S.R.No.17367 WP.No.5007 of 2020 PVS(CO) Maya (29/05/2020) SP(16/07/2020)