Madras High CourtWP/11414/2025disposed of

D.Saravanan v. Principal Secretary To Government

2025-04-01Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.11414 of 2025 & W.M.P.Nos.12884 & 12886 of 2025 D.Saravanan ... Petitioner -Versus1.The Principal Secretary to Government, Environment, Climate Change and Forest Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Principal Chief Conservator of Forests and Head of Forest Force, Forest Head Quarters, Near Kannikapuram Check Post, Guindy-Velacherry Main Road, Guindy - 600 032.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus calling for the records of impugned order passed by the first respondent vide G.O(2D).No.04, Environment, Climate Change and Forest (FR.1) Department, dated 09.01.2025 and G.O.(2D).No.23, Environment, Climate Change and Forest (FR.1) Department, dated 31.01.2025 quash the same to the limited extent of non inclusion of the petitioner name in panel as in so far as it relates to the petitioner alone is

concern and consequently, direction to the first and second respondents include the petitioner name in the 2022-2023 Assistant Conservator of Forests panel list with a crucial date of 15.08.2022 and promote to the post of Assistant Conservator of Forest with all service and monetary benefits retrospectively from the date of the promotion of the petitioner immediate Senior. For Petitioner : Mr.T.Dharani For Respondent : Mr.C.Selvaraj Additional Government Pleader

ORDER

The Writ Petition has been filed in the nature of a certiorarified mandamus seeking records relating to an order passed by the first respondent in G.O.(2D).No.4, Environment, Climate Change and Forest (FR.1) Department dated 09.01.2025 and G.O.(2D).No.23, Environment, Climate Change and Forest (FR.1) Department dated 31.01.2025 and quash the same to the limited extent of non inclusion of the name of the petitioner in the panel for promotion to the post of Assistant Conservator of Forests for the year 2022-2023, for which the crucial date is 15.08.2022.

2. In the affidavit filed in support of this writ petition, it had been stated that the petitioner had been initially appointed as Junior Assistant in the year 1992 on compassionate ground in the respondent. He had then been

subsequently promoted as Assistant and then as Forester and he had also passed the departmental tests conducted by the Tamil Nadu Public Service Commission. His name had been included in the panel for Forest Range Officer in the year 2012 and he was also promoted to that post in the year 2013. His promotion had been regularised. He is now working as Forest Range Officer in Vellore. He claims that his name should be included in the panel for the year 2022-2023 for the promotion to the post of Assistant Conservator of Forests. But unfortunately, his name was not included in the order now impugned in G.O.(2D).No.4, Environment, Climate Change and Forest (FR.1) Department dated 09.01.2025, wherein it had been stated as follows: "9. Any person, who wishes to make representation against non-inclusion of his/her name in the panel or regarding seniority, shall do so within a period of two months from the date of issue of this order.

10. The Principal Chief Conservator of Forests shall send promotion and posting proposals in respect of the officers mentioned at para 6 above."

3. The petitioner had however given a representation even earlier on 27.12.2024. There seems to be no indication whether the representation of the petitioner had been taken into consideration. Therefore, I am not interfering

with the Government Order as sought by the petitioner, but rather would give a direction to the first respondent to examine the representation dated 27.12.2024 given by the petitioner herein and pass orders either including the name of the petitioner in the panel for promotion to the post of Assistant Conservator of Forests or giving necessary reasons for taking a view otherwise. Appropriate orders in this regard may be passed within a period of four weeks from the date of receipt of a cop of this order.

4. The Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 01.04.2025 nl Index : Yes/No Speaking order/Non speaking order

To 1.The Principal Secretary to Government, Environment, Climate Change and Forest Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Principal Chief Conservator of Forests and Head of Forest Force, Forest Head Quarters, Near Kannikapuram Check Post, Guindy-Velacherry Main Road, Guindy - 600 032.

C.V.KARTHIKEYAN, J.

01.04.2025