R.Devaraju, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. R.Devaraju

2. R.Jayaraman

3. V.Chinnavan

4. D.Balasubramanian

5. M.Velayutham

6. S.Panneerselvam

7. K.Mani ... Petitioners -Vs1. The State of Tamil Nadu represented by its Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest & Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai - 600 032.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, for direction to the respondents to consider our notional promotion as Forest Guard on par with our juniors by including our names in the panel drawn for the year

2003-2004 with effect from 31.05.2004 in the light of the order passed by our Hon'ble High Court in W.P. No.27407 of 2022 dated 14.10.2022 by considering our representation dated 28.03.2023 within time limit to be stipulated by this Hon'ble Court.

For Petitioners : M/s.K.Jenitha For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to consider our notional promotion as Forest Guard on par with our juniors by including our names in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the order passed by this Court in W.P.No.27407 of 2022 dated 14.10.2022 by considering the representation dated 28.03.2023 within time limit to be stipulated by this Hon'ble Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. According to the petitioner, identically placed persons were

granted notional promotion pursuant to the orders passed by this Court in the aforementioned writ petitions. According to him, if notional promotion is granted, he will be getting enhanced pension. In such circumstances, he had given a representation on 28.03.2023 to the respondents. Since the representation has not been considered, till date, he has filed this writ petition.

4. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, in the light of the aforementioned orders subject to its applicability.

5. For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation dated 28.03.2023 seeking grant of notional promotion as Forest Guard for the purpose of getting revised pension on par with their juniors by including their names in the panel drawn for the year 2003-2004 with effect from 31.05.2004. While considering the petitioner's representation, the first respondent is directed to give due consideration to the order dated 14.10.2022 in

W.P.No.27407 of 2022 and decide whether the same is applicable to the case of the petitioner or not. The first respondent is directed to pass final orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

14.03.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Secretary to Government, The State of Tamil Nadu Environment, Climate Change and Forest Department, Fort St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest & Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai - 600 032.

G.K.ILANTHIRAIYAN. J, mn 14.03.2024