Madras High CourtWP/11662/2015disposed of

S.Manisekaran, v. The Principal Chief

2015-04-21Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11662 of 2015

1. S.Manisekaran

2. M.Kalainathan

3. R.Gnanasekaran

...Petitioners

-vs1. The Principal Chief Conservator of Forests Panagal Building, Saidapet Chennai 600 015

2. The District Forest Officer Nagapattinam District

...Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to include the names of the petitioners in the State wide seniority list so as to enable them to get time scale appointment as Plot Watcher (supernumerary post) as per G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009 with all consequential service and monetary benefits.

For Petitioners :

Mr.S.Mani For Respondents :

Mr.N.Inbanathan Government Advocate (Forests)

ORDER

This writ petition has been filed by Mr.S.Manisekaran, Mr.M.Kalainathan and Mr.R.Gnanasekaran, who are all working as Plot Watchers in the forest department on daily wage basis from 1.4.2003, 1.4.2003 & 1.4.2004 respectively, seeking their representation to be considered for inclusion of their names in the State-wide seniority

list to enable them to get the regular time scale of pay.

2. Mr.N.Inbanathan, learned Government Advocate (Forests) takes notice on behalf of the respondents.

3. As the petitioners are admittedly working continuously from the date of their appointment as Plot Watchers in the forest department on daily wage basis from 1.4.2003, 1.4.2003 & 1.4.2004 respectively, on 7.8.2009, the Government issued G.O.Ms.No.95, Environment and Forests (V2) Department ordering to bring all the daily wage based Plot Watchers/Social Forest Workers whose names find a place in the State-wide seniority list in the regular time scale of pay by creating supernumerary posts. But the grievance of the petitioners is that when they are admittedly working continuously from 1.4.2003, 1.4.2003 & 1.4.2004 respectively, their names are not included in the State-wide seniority list. Therefore, they have given a representation on 24.12.

2013 to the Principal Chief Conservator of Forests, Chennai, the first respondent herein seeking their names to be included in the State-wide seniority list. So far, nothing has happened. Therefore, this Court, considering the limited prayer made by the petitioners, without going to the merits, hereby directs the first respondent-Principal Chief Conservator of Forests, Chennai to consider the request of the petitioners vide their representation dated 24.12.2013 on merits and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ss To

1. The Principal Chief Conservator of Forests Panagal Building Saidapet Chennai 600 015

2. The District Forest Officer Nagapattinam District 1 CC to Mr.S.Mani, Advocate SR.No. 21725 1 CC to the Government Pleader, SR.No. 21696 W.P.No.11662 of 2015 SR (CO) PSI (04.05.2015)