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Madras High CourtWP/20611/2015disposed of

L.Kannaiyan, v. The Principal Chief

2015-07-10Honourable Mr Justice D. Hariparanthaman2 pages

In the High Court of Judicature at Madras Dated: 10.07.2015 Coram The Honourable Mr.JUSTICE D. HARIPARANTHAMAN Writ Petition No.20611 of 2015 L.Kannaiyan ..Petitioner Vs.

1. The Principal Chief Conservator of forests, Panagal Building, Saidapet, Chennai - 600 015.

2. The District Forest Officer, Salem Forest Division, Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to permit the petitioner to discharge his duties as Plot Watcher (Supernumerary) as per the proceedings in Se.Mu.Aa.No.E2/9574 08 dated 21.10.2009 on the file of the second respondent with all consequential service and monetary benefits.

For Petitioner : Mr.S.Mani For Respondents : Mr.N.Inbanathan, Government Advocate.

O R D E R

Mr.N.Inbanathan, learned Government Advocate takes notice for the respondents.

2. With consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner joined as Plot Watcher on daily wage on 04.07.1986. He was ranked at Serial No.4658 in the State-wise seniority list of Plot Watcher. Based on G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009, the second respondent passed an order dated 21.10.2009 bringing the petitioner into regular service as Plot Watcher (Supernumerary). However, the said order was not given effect to by giving necessary posting order. Only in January 2011, he was permitted to join the regular post as Plot Watcher (Supernumerary). While so, within two months, he was denied the regular scale and he was given daily wages. https://hcservices.ecourts.gov.in/hcservices/

4. According to the petitioner, in view of the order dated 21.10.2009 and also since he is working from 1986 onwards, he is entitled to regular scale of pay.

5. The petitioner made a representation dated 14.10.2013 to the first respondent through the second respondent in this regard. Now, the learned counsel for the petitioner seeks for disposal of the representation within a stipulated period.

6. In the facts and circumstances of the case, a direction is issued to the first respondent to pass orders on the representation of the petitioner dated 14.10.2013 on merits and in accordance with law and in the light of the facts stated above, within a period of six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar vsi To

1. The Principal Chief Conservator of forests, Panagal Building, Saidapet, Chennai - 600 015.

2. The District Forest Officer, Salem Forest Division, Salem District.

1 cc to Mr.S.Mani , Advocate Sr.No.34991 1 cc to Spl.Government Pleader.Sr.No.35007 W.P.No.20611 of 2015 gp(co) pmk.28.7.2015 https://hcservices.ecourts.gov.in/hcservices/