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Madras High CourtWP/11184/2021disposed of

T.Bakthavatchalam v. The State Of Tamil Nadu,

2024-02-06Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.11184 of 2021

1. T.Bakthavatchalam

2. V.Anguswamy ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Environment and Forest Department, Fort St. George, Secretariat, Chennai 600 009.

2. The Principal Chief Conservator of Forests, (Head of Forests Force) Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to consider the representation submitted by the petitioners, dated 10.08.2015 and 02.12.2015 respectively for consideration of promotion to the post of Assistant Conservator of Forests in the upgraded posts as per G.O.Ms.No.7, Environment and Forests Department, dated 04.02.2008, in 2007-2008 panel with all consequential and other attendant benefits, within a time frame to be fixed by this Court.

For Petitioners :

Mr.A.Maheshnath For Respondents :

Mr.S.Rajesh, Government Advocate

ORDER

This Writ Petition has been filed to consider the representation made by the petitioner for granting promotion to the post of Assistant Conservator of Forests by preparing panel including the upgraded posts of ACE as per G.O.Ms.No.7, Environment and Forests Department, dated 04.02.2008.

2. The petitioners were appointed as Forest Ranger in the year 1984 and their services have been regularized from the date of their appointment. Subsequently, they were promoted to the post of Assistant Conservator of Forests by transfer on 30.09.2009 and thereafter promoted as Deputy Conservator of Forests on 02.01.2015 and he retired on attaining the age of superannuation in the year 2015. According to the petitioner, there was stagnation in the post of Forest Range Officer without any avenue for promotion to the post of Assistant Conservator of forests. So the Government had decided to upgrade 26 posts of Ranger to that of

Assistant Conservator of Forests by transfer and place them in the Forestry extension Centre, vide G.O.Ms.No.7, Environment and Forests Department, dated 04.02.2008. In these Circumstances, the Government has issued another Order in G.O.Ms.No.84, dated 21.08.2008 for preparation of panel for promotion to the Assistant Conservator of Forests by transfer. The upgraded 26 posts of the said category were not given to the petitioner. In this regard, the petitioners gave representations to the 1st respondent and the same were not considered. Hence, this Writ petition.

3. Heard Mr.A.Maheshnath, learned counsel for the petitioners and Mr.S.Rajesh, learned Government Advocate appearing for the Respondents

4. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the representations of the petitioners, dated 10.08.2015 and 02.12.2015 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

06.02.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

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

2. The Principal Chief Conservator of Forests, (Head of Forests Force) Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.

R.N.MANJULA ,J.

vum W.P. No.11184 of 2021 06.02.2024