P.Rajagopal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P No.11594 of 2021 S.Rajagopal ...

Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government Environment and Forest Department Fort St.George, Chennai ? 600 009 2.The Principal Chief Conservator of Forests Panagal Building, Saidapet, Chennai 15.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as regular time scale forest watcher taking into account of his seniority, on par with his juniors with effect from 24.01.1995 for the purpose of getting pension by considering the petitioner's representation dated 25.01.2021 in the light of the order passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, WP.No.23374 of 2008 dated 30.10.2008, W.A.No.607 of 2010 dated 29.03.2010 and G.O.(Ms.)No.01 of Environment and Forests (FR.2(ii)) Department dated 01.01.2021 with all consequential benefits within time frame as fixed by this Court.

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For Petitioner : Mr.K.Jenitha For Respondents : Mr.V.Arun, Additional Advocate General assisted by Mr.T.Arunkumar, Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking to direct the respondents to appoint the petitioner as regular time scale forest watcher taking into account of his seniority, on par with his juniors with effect from 24.01.1995 for the purpose of getting pension by considering the petitioner's representation dated 25.01.2021 in the light of the order passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, WP.No.23374 of 2008 dated 30.10.2008, W.A.No.607 of 2010 dated 29.03.2010 and G.O.(Ms.)No.01 of Environment and Forests (FR.2(ii)) Department dated 01.01.2021 with all consequential benefits within time frame as fixed by this Court.

2. It is the case of the petitioner that the petitioner joined service on 01.06.1983 as a Plot Watcher at Interface Forest division, Salem. Thereafter, he was brought into regular time scale of pay in the cadre of Forest Watcher on 15.07.2017. In the year 1994, the Government issued G.O.Ms.No.332, Environment and Forest Department, dated 22.12.1994, imposing a new 2/4

condition to pass in S.S.L.C for holding regular post of Forest Watcher, which the government laer restored the qualification to read and write instead of pass in SSLC as per G.O.Ms.No.64, Environment and Forest Department, dated 08.03.1999. It is the grievance of the petitioner that the similarly placed persons who were brought under the time scale of pay as Plot Watcher (supernumerary) along with the petitioner was brought into regular service in the cadre of Forest Watcher in the year 2017 and they were further promoted as forest guard, but the same was denied to the petitioner. Hence, the petitioner has sent representation on 25.01.2021 to consider his claim in the light of the above said order. But so far no order has been passed by the respondents. Hence the petition.

3. Heard both sides and perused the materials placed on record.

4. Considering the limited relief sought for in this writ petition, this Court directs the respondents to consider the representation of the petitioner dated 25.01.2021 and pass appropriate order in light of the earlier Orders passed in respect of the similarly placed persons and in accordance with G.O.Ms.No..01 of Environment and Forests (FR.2(ii)) Department dated 01.01.2021 within a period of one month from the date of receipt of a copy of this Order. 3/4

R.N.MANJULA , J.

jrs

5. Accordingly, these writ petitions stand disposed of. No costs. 31.10.2023 Index : Yes Internet : Yes/No jrs To

1. The Secretary to Government Environment and Forest Department Fort St.George, Chennai ? 600 009.

2.The Principal Chief Conservator of Forests Panagal Building, Saidapet, Chennai 15.

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