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Madras High CourtWP/13894/2021disposed of

B.Sarasu v. The State Of Tamil Nadu

2021-07-07Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.Nos.13894 & 13895/2021 [Video Conferencing] B.Sarasu ..

Petitioner in WP.No.13894/2021 M.Kamala . Petitioner in WP.No.13895/2021 Vs 1.The State of Tamil Nadu rep.by its Secretary to Government Environment and Forest Department Fort St. George, Chennai-9.

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

.. Respondents in both WPs Prayer in WP.No.13894/2021:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to appoint the petitioner's husband as regular time scale Forest Watchers 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 08.03.2021 in the light of the order passed in WP.No.15561/2006 dated 10.03.2008, WA.No.690/2008 dated 13.10.2009, WP.No.23374/2008 dated 30.10.2009, WA.No.607/2010 dated 29.03.2010 and G.O.[Ms] No.01, Environment and Forests [FR.2-II] Department dated 01.01.2021 with all consequential benefits within time frame.

Prayer in WP.No.13895/2021:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to appoint the petitioner's husband as regular time scale Forest Watchers 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 08.01.2021 in the light of the order passed in WP.No.15561/2006 dated 10.03.2008, WA.No.690/2008 dated 13.10.2009, WP.No.23374/2008 dated 30.10.2009, WA.No.607/2010 dated 29.03.2010 and G.O.[Ms] No.01, Environment and Forests [FR.2-II] Department dated 01.01.2021 with all consequential benefits within time frame.

For Petitioners in both WPs :

Ms.K.Jenitha For R1 in both WPs :

Mr.C.Kathiravan Government Advocate COMMON ORDER 1.

By consent, both the writ petitions are taken up together for final hearing and disposed of by this common order. 2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the 1st respondent.

3.

The present writ petitions are filed seeking the relief of issuance of a writ of mandamus, directing the respondents to appoint the petitioners' husbands on regular time scale Forest Watchers, by taking into account, their seniority on part with their juniors and for the purpose of getting pension in the light of various pronouncement of orders and judgments by this Court.

4.

Learned counsel for the petitioners submits that though the petitioners have prayed for issuance of a positive direction to the respondents, the petitioners will be satisfied if a direction is issued to the 2nd respondent to consider and dispose of their individual representations within a stipulated time frame. 5.

Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim made by the petitioners in their representations, directs the 2nd respondent to consider and dispose of the petitioner's individual representations dated 08.03.2021 and 08.01.2021 respectively on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.

6.

The writ petitions stand disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government State of Tamil Nadu Environment and Forest Department Fort St. George, Chennai - 9.

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

+1 cc to Spl Government Pleader (Forest)Sr.No. 32089,32091 +1 cc to Government Pleader Sr.No. 32149 WP.Nos.13894 & 13895/2021 SRA(CO) A.SK(06.08.2021)