R.Sowrirajan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.19467 OF 2015 R.Sowrirajan ... Petitioner

Versus

1. Government of Tamil Nadu Represented by its Secretary Environment and Forest Department Fort St. George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests Panagal Building Saidapet, Chennai - 600 015.

3. The Conservator of Forest (Research) State Forest Research Centre Office at Kolapakkam, Chennai - 600 127.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to include the name of the petitioner in the State wide seniority list in the appropriate place as per G.O.Ms.No.64, Environment and Forest Department, dated 08.03.1999 and G.O.Ms.No.202, Environment and Forest Department, dated 18.12.2013 so as to enable him to get regular time scale of appointment as Plot Watcher (Supernumerary) as per G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009 and as per the recommendation made by the third respondent in his proceedings in Na.Ka.No.4973/2006/P1 dated 21.01.2014 and by considering his representation dated 26.02.2014 with all consequential benefits.

For Petitioner :

Mr.S.Mani For Respondents :

Mr.N.Inbanathan Government Advocate (Forests)

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner joined as Plot Watcher on daily wage basis in the Forest Department on 01.07.1985. When a seniority list of Plot Watcher was prepared on state wide basis in the year 1999 in G.O.Ms.No.64, Environment and Forest department dated 08.03.1999, the name of the petitioner was not included erroneously, according to the petitioner.

3. Regularization of those persons, who were included in the said panel were made pursuant to G.O.Ms.No.95 Environment and Forest Department dated 07.08.2009.

4. The 3rd respondent made a recommendation dated 21.01.2014 to the 2nd respondent to include the name of the petitioner in the state wide seniority list. In the circumstances, the petitioner made a representation dated 26.02.2014 to the second respondent to pass orders based on the recommendation made by the 3rd respondent by including the name of the petitioner in the state wide seniority list. However, there is no acknowledgment for the representation.

5. Hence, this writ petition is disposed of permitting the petitioner to make a fresh representation to the 2nd respondent enclosing the recommendation dated 21.01.2014 of the 3rd respondent and the 2nd respondent is directed to pass orders on the representation within a period of six weeks from the date of receipt of a copy of the said representation. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

VSM To

1. The Secretary Government of Tamil Nadu Environment and Forest Department Fort St. George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests Panagal Building Saidapet, Chennai - 600 015.

3. The Conservator of Forest (Research) State Forest Research Centre Office at Kolapakkam, Chennai - 600 127.

+1cc to Mr.S.Mani, Advocate, S.R.No.33492 +1cc to the Special Government Pleader(Forest), S.R.No.33324 W.P.NO.19467 OF 2015 TEJ(CO) CA(21/07/2015)