M.Ganapathy v. Dr Supriya Sahu Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Contempt Petition No.1173 of 2022 M.Ganapathy

...Petitioner

..Vs..

1.Dr.SupriyaSahu, I.A.S., The Additional Chief Secretary, Environment and Forest Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.Dr.Ashok Upreti, I.F.S., The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 600 015.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for their willful disobedience in not complying with the order dated 02.03.2018 passed by this Court in W.P.No.4030 of 2018.

For Petitioner : Mr.S.Mani For Respondents : Mr.S.Ravi Kumar, Special Government Pleader 1/4

ORDER

The learned Special Government Pleader has produced a copy of G.O.(2D) No.182, Environment, Climate Change and Forest [FR.2.ii] Department, dated 26.09.2023, wherein it had been stated as follows: "4.The Principal Chief Conservator of Forests has requested the Government to regularize the service of the petitioner Thiru.M.Ganapathy as Forest Watcher with effect from 24.01.1995.

5.The Government, after careful examination, accept the proposal of the Principal Chief Conservator of Forests and accord permission to the Principal Chief Conservator of Forests to regularize the service of the petitioner Thiru.M.Ganapathy as Forest Watcher notionally from 24.01.1995 by relaxing rules 2, 4 & 5 of Tamil Nadu Forest Subordinate Service in respect of method of appointment, age and other qualifications respectively as a special case and this cannot be taken as precedent in future Writ Petitions and he is not entitled to any monetary benefits and to claim any seniority for further promotion Panels, but he is entitled for counting of the service for the purpose of pension and other retirement 2/4

benefits, taking into account his seniority and qualification, on par with his junior as per Tamil Nadu Forest Subordinate Service provisions enshrined in Rule 27(17) of the Fundamental Rules of Tamil Nadu Government for entitled pension asper the Hon'ble High Court Order.

6.In exercise of the powers conferred under Section 58 of Tamil Nadu Government Servant [Conditions of Service] Act, 2016, the Governor of Tamil Nadu hereby relaxes rule 2, 4 and 5 of the Special Rules of Tamil Nadu Forest Subordinate Services in favour of Thiru.M.Ganapathy with respect to the method of appointment, age, educational qualification and height respectively and ordered accordingly."

2. Recording the same, this contempt petition stands closed. No costs.

29.09.2023 Index:Yes/No Internet:Yes/No hvk 3/4

C.V.KARTHIKEYAN,J.

hvk To 1.Dr.SupriyaSahu, I.A.S., The Additional Chief Secretary, Environment and Forest Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.Dr.Ashok Upreti, I.F.S., The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 600 015.

Contempt Petition No.1173 of 2022 29.09.2023 4/4