The State Of Tamil Nadu v. R.Yuvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.659 of 2017 and C.M.P.No.9230 of 2017 1.The State of Tamil Nadu Represented by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

2.The Principal Chief Conservator of Forest & Head of the Department, Panagal Building, Saidapet, Chennai - 15.

3. The Forest Extension Officer, Forest Extension Officer, Karur. .. Appellants/Respondent Vs.

R.Yuvaraj .. Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, against the order passed in W.P.No.34152 of 2015 dated 28.10.2015.

WP.34152 of 2015 Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioners claim with regard to compassionate appointment in light of the Judgment of the Honourable First Bench of this Court in W.A. No. 524 of 2012 dated 30.9.2011.

For Appellants : Mr.S.V.Vijay Prashanth Additional Government Pleader (Forest) For Respondent : Mr.Dharanichandran

J U D G M E N T

(Judgment of this Court made by K.K.SASIDHARAN, J) The learned single Judge directed the appellants to consider the case of the respondent for compassionate appointment in the light of the Judgment dated 16.04.2012 made in W.A.No.524 of 2012. The said order is under challenge in this intra court appeal.

2. The learned counsel appearing on behalf of the appellants, by producing a copy of the G.O.Ms.No.27 dated 05.07.2017 submitted that the appointment of respondent will be considered on compassionate ground.

3. The learned counsel appearing for the respondent on the other hand submitted that the contempt application filed by the respondent was closed by the Writ Court on account of the order passed by the Government on 05.07.2017, in G.O.Ms.No.27. According to the learned counsel, the Government is yet to provide employment to the respondent on compassionate ground inspite of passing the order dated 05.07.2017.

4. In view of the subsequent events narrated above, nothing survives for adjudication in this intra Court appeal.

5. The learned counsel for the appellants would submit that the case of the appellant would be considered for compassionate appointment taking into account 25% vacancy during the current year. The said submission is recorded.

6. The intra Court appeal is dismissed in view of the subsequent events. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar arr/stm

TO 1.The State of Tamil Nadu Represented by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

2.The Principal Chief Conservator of Forest & Head of the Department, Panagal Building, Saidapet, Chennai - 15.

3. The Forest Extension Officer, Forest Extension Officer, Karur.

+1cc to MR.Dharani, Advocate SR.No.8844 +1cc to Special Government pleader(Forest),SR.No.8543 W.A.No.659 of 2017 BR(CO) GN(14/03/2018)