S.T.Amirthalingam v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Writ Petition No.29282 of 2013 and MP No.1 of 2013 S.T.Amirthalingam ... Petitioner versus

1. State of Tamil Nadu rep. By Secretary, Environment and Forests (FR2) Department, Fort St. George, Chennai - 9.

2. The Principal, Chief Conservator of Forests, Pangal Maligai, Saidapet, Chennai - 15.

3. The Divisional Deputy Conservator of Forests, Thiruvannamalai Division.

4. C. Narayanaswamy ..Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the order in G.O. Ms.No.95, Environment and Forests (FR2) Department, dated 07.08.2009 passed by the first respondent herein and the consequential order in Proceedings Se. Mu.Ax No.6193/08L, dated 29.08.2009 passed by the third respondent herein and quash the same and further direct the respondents to appoint the petitioner from the date on which the fourth respondent was appointed as Plot Watcher and pay all monetary benefits, seniority and other consequential benefits. For petitioner :

Mr.K.M.Ramesh For Respondents :

Mr.M.Elumalai Addl. Govt. Pleader

ORDER

This writ petition has been filed to quash the order in G.O. Ms.No.95, Environment and Forests (FR2) Department, dated 07.08.2009 passed by the first respondent and the consequential order in Proceedings Se. Mu.Ax No.6193/08L, dated 29.08.2009 passed by the third respondent and further direct the respondents to appoint the petitioner from the date on which the fourth respondent was appointed as Plot Watcher and pay all monetary benefits, seniority and other consequential benefits.

2. It is the grievance of the Petitioner that the Petitioner and the 4th Respondent are similarly placed and that the 4th Respondent, who is junior to the Petitioner, was appointed as Plot Watcher in the regular time scale of pay of Rs.4500-8000, while the Petitioner was appointed in a supernumerary post. Therefore, he prays that all the benefits equivalent to the 4th respondent in the pay scale, seniority and appointment be granted to the petitioner as well.

3. Mr.M.Elumalai, learned Additional Government Pleader appearing for the Respondents, on instructions, submitted that, the Petitioner was appointed as a regular Plot Watcher on par with the 4th Respondent and hence, there is no pay anomaly between the Petitioner and the 4th Respondent.

4. In view of the fact that the petitioner has been provided with all the benefits on par with the 4th respondent, as submitted by the learned Additional Government Pleader, pending the Writ Petition and the same having not been disputed by the learned counsel for the petitioner, nothing survives for consideration in this Writ Petition.

5. Accordingly, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar (vsi2/aeb)

To:

1. The Secretary, State of Tamil Nadu, Environment and Forests (FR2) Department, Fort St. George, Chennai - 9.

2. The Principal, Chief Conservator of Forests, Pangal Maligai, Saidapet, Chennai - 15.

3. The Divisional Deputy Conservator of Forests, Thiruvannamalai Division.

+1 CC to The Special Government Pleader(Forest) sr 38082. +1 CC to Mr.K.M.Ramesh, advocate sr 37927.

W.P.No.29282 of 2013 PA(CO) SP(05/01/2021)