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Madras High CourtWP/13700/2021disposed of

A.Anbalagan v. The State Of Tamil Nadu

2021-07-02Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Writ Petition Nos.13700, 13701, 13702, 13705, 13706, 13708, 13709, 13710, 13712 and 13713 of 2021 A.Anbalagan S/o.Arjunan .. Petitioner in W.P.No.13700/2021 K.Thiyagarajan S/o.Kathirvel .. Petitioner in W.P.No.13701/2021 G.Gurudevan S/o.Ganesan .. Petitioner in W.P.No.13702/2021 A.Boobalan S/o.Arumugam .. Petitioner in W.P.No.13705/2021 K.Hyder Ali S/o.KajaMoideen .. Petitioner in W.P.No.13706/2021 D.Velachari S/o.Dhamodharan .. Petitioner in W.P.No.13708/2021 K.Murugesan S/o.Kandasamy .. Petitioner in W.P.No.13709/2021 P.Kumaresan S/o.Panchatcharam .. Petitioner in W.P.No.13710/2021 K.Arokiyadoss S/o.Kabariyel .. Petitioner in W.P.No.13712/2021 K.Krishnamoorthy S/o.Kuppan .. Petitioner in W.P.No.13713/2021

Versus

1.The State of Tamil Nadu represented by its Secretary to Government, Environment and Forest Department, Fort St.George, Chennai - 9.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

.. Respondents in all WPs.

Common Prayer:

Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to appoint the petitioner in the cadre post of Forest Watcher by giving the benefit of relaxation of height rule with effect from the date of his junior's appointment in the post of Forest Watcher on 24.01.1995 by considering his representation dated 08.03.2020, 10.08.2020 & 08/01/2021 in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.P.No.25274/2014 dated 17.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016 and Ref.No.LL2/31604/2014 dated 10.02.2020 and also G.O.(Ms) No.49, Environment and Forests (FR2-II) Department dated 01.09.2020 with all consequential benefits within the time frame.

For Petitioners : Mr.K.Jenitha [in all W.Ps.] For Respondents : Mr.C.Karthikeyan, Government Advocate COMMON ORDER With the consent of both parties, these matters are taken up for final disposal at the admission stage itself.

2. Petitioners, in all these Writ Petitions, have a common cause for filing the above Writ Petitions. Hence, all the Writ Petitions are disposed of by a common order.

3. These writ petitions are filed to issue a Writ of Mandamus directing the respondents to appoint each of the petitioners in the post of Forest Watcher by relaxing the rule relating to height of candidates with effect from the date of their junior's appointment as Forest Watcher.

4. The petitioners submitted representations on 08.03.2020 and 10.08.2020 and again individual representations were also submitted on 08.01.2021.

5. Learned counsel appearing for petitioners submits that the respondents have already passed orders in similar cases and therefore, the petitioners will be satisfied if a direction is issued to the respondents to consider the petitioners' representations dated 08.03.2020, 10.08.2020 and 08.01.2021 and pass appropriate orders within a time stipulated by this Court.

Having regard to the limited scope of the prayer that is now sought by the petitioners' counsel, without expressing any opinion on the merits of the petitioners' representations, these writ petitions are disposed of with a direction to the second respondent to consider the petitioners' representations dated 08.03.2020, 10.08.2020 and 08.01.2021 and pass orders on merits and in accordance with law taking into account the orders, if any, passed in favour of similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gm To 1.The Secretary to Government, Environment and Forest Department, Fort St.George, Chennai - 9.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

+1cc to Government Pleader, SR No.31455, 31456, 31457, 31458, 31459, 31460, 31461 31462, 31463, 31464, 31454 Writ Petition No.13700, 13701, 13702, 13705, 13706, 13708, 13709, 13710, 13712 and 13713 of 2021 SR II(CO) B.VC (02/08/2021)