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Madras High CourtWP/10356/2023disposed of

R.Muthaiyan v. Government Of Tamilnadu

2023-04-03Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

1. R.Muthaiyan

2. S.Narayanasamy ... Petitioners -vs1. Government of Tamil Nadu, Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600009.

2. The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 600032.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to include the Petitioners' name in the State Wide Seniority list in the light of G.O. Ms. No. 202, Environment and Forest Department, dated 18.12.2023 and G.O. (2PA) No. 13, Environment and Forest Department dated 26.03.2018, and G.O. (Ms). No. 87, Environment and Forests (FR.2II) Department, dated 28.08.2019 so as to enable the Petitioners to get their service regularized in the time scale of pay as Plot Watcher (Supernumerary) basis of the recommendation made by the Ranger, Gangavalli in Na. Ka. No. 45/2022 dated 06.10.2022 within a time limit that may be stipulated by this Court. 1/5

For Petitioners : Mr. S.Mani For Respondents : Mrs. R.Anitha, Special Government Pleader

O R D E R

Heard Mr. S.Mani, Learned Counsel for the Petitioners and Mrs. R.Anitha, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Though the Writ Petition has been filed for directing the First and Second Respondents to include the names of the Petitioners in the State Wide Seniority list in the light of G.O. Ms. No. 202, Environment and Forest Department dated 18.12.2023, G.O. (2PA) No. 13, Environment and Forest Department dated 26.03.2018 and G.O. (Ms). No. 87, Environment and Forests (FR.2II) Department dated 28.08.2019 issued by the Government of Tamil Nadu so as to enable the Petitioners to get their service regularized in the time scale of pay as Plot Watcher (Supernumerary) on the basis of the recommendation made by the Ranger, Gangavalli in Na. Ka. No. 45/2022 dated 06.10.2022 within a time limit that may be stipulated by the Court, Learned Counsel for the Petitioners submits that the Petitioners would be satisfied, if the representation dated 2/5

05.12.2022 made by them in that regard is directed to be disposed by the concerned authority within the time limit that may be fixed by the Court. 3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 05.12.2022 made by the Petitioners including ascertaining as to whether the Petitioners would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioners requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioners and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and 3/5

(v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

03.04.2023 2/2 kv Index: Yes/No Note: Issue order copy by 05.06.2023.

To

1. The Secretary, Government of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai - 600009.

2. The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 600032.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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