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Madras High CourtWP/8458/2015disposed of

A.Subramanian v. The State Of Tamil Nadu

2021-03-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.8458 of 2015 A.Subramanian ... Petitioner Vs.

1.State of Tamil Nadu rep. by Secretary, Forest Department, Fort St.George, Chennai - 9.

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

3.Forest Officer, Social Forests, Tiruvannamalai.

4.The Ranger, A FF, Range, Tiruvannamali ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pass orders based on the service particulars submitted by the second respondent dated 12.09.2013 within the period as stipulated by this Hon'ble Court.

For Petitioner : Mr.K.Vasudevan For Respondents : Mr.M.Elumalai Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking direction to the first respondent to pass orders based on the service particulars submitted by the second respondent dated 12.09.2013.

2.The case of the petitioner is that he joined as temporary Plot Watcher on 01.11.1970 and worked till 31.07.1990. Thereafter, he was transferred to Rural Development Department, however, he was made to wait compulsorily for posting. While so, the Government issued an order directing to include the names of

the persons transferred to Rural Development Department and waiting for posting in the Statewide Seniority List prepared as per G.O.Ms.No.64 dated 06.03.1999 for considering them for permanent appointment as and when the vacancies arise. 3.It is the further case of the petitioner that the fourth respondent forwarded his service particulars to the second respondent on 24.11.2009, however, his name was not included in the Statewide Seniority List. Aggrieved by the same, the petitioner filed W.P.No.18893 of 2010, which was disposed of, by this Court on 18.08.2010 directing the second respondent to consider the petitioner's service particulars forwarded by the fourth respondent on 24.11.2009 and pass appropriate orders. Pursuant to the same, the second respondent forwarded the service particulars of the petitioner to the first respondent on 12.09.2013. However, till date, no order was passed by the first respondent. Hence, this writ petition.

4.Heard both sides and perused the materials placed before this Court.

5.It is seen that as per G.O.Ms.No.64, Environment and Forest Department, dated 06.03.1999, the fourth respondent forwarded the service particulars of the petitioner to the second respondent on 24.11.2009 to be included in the statewide seniority list. Thereafter, in view of the directions issued by this Court vide order dated 18.08.2010 passed in W.P.No.18893 of 2010, the second respondent forwarded the service particulars of the petitioner to the first respondent by his communication in Na.Ka.No.LL1/2146/10 dated 12.09.2013. However, the first respondent did not pass any orders till date, which necessitated the petitioner to approach this Court with the present writ petition.

6.This Court is of the opinion that such a long delay in passing orders on the part of the first respondent, cannot be countenanced. Therefore, it is fit to issue direction to the first respondent.

7.Accordingly, this writ petition stands disposed of, directing the first respondent to pass appropriate orders, within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar

pri To 1.The Secretary, Forest Department, Fort St.George, Chennai - 9.

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

3.The Forest Officer, Social Forests, Tiruvannamalai.

4.The Ranger, AFF, Range, Tiruvannamalai.

+1 cc to Spl Government Pleader Sr No.14655 W.P.No.8458 of 2015 GPL(CO) RG.22.04.2021(3P/6C)