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Madras High CourtWP/17316/2014disposed of

G.Chandran, v. The Principal Chief

2017-10-12Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.17316 to 17318 of 2014 G.Chandran ... Petitioner in W.P.No.17316 of 2014 P.Velayutham ... Petitioner in W.P.No.17317 of 2014 M.Shariff ... Petitioner in W.P.No.17318 of 2014 Vs.

The Principal Chief Conservator of Forests, 1st respondent in all Panagal Building, Saidapet, Chennai. Wps. Mr.G.Anniappan Forest Watcher, Kottaipatti Range, Arur Division. .. 2nd respondent in W.P.No.17316 of 2014 Dharmapuri District Mr.R.Sivadoss, Forest Watcher, Vellore Range, Vellore Division.

...2nd respondent in W.P.No.17317 of 2014 Mr.Chandrasekaran Forest Watcher, Amirthi Range, Vellore Divisio ....2nd respondent in W.P.No.17318 of 2014 Prayer in W.P.No.17316 of 2014 The Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint the petitioner as Forest Watcher from the date on which the third respondent was appointed as Forest Watcher and pay all arrears of Salary Seniority and other consequential benefits. Prayer in W.P.No.17317 of 2014

The Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint the petitioner as Forest Watcher from the date on which the third respondent was appointed as Forest Watcher and pay all arrears of Salary Seniority and other consequential benefits. Prayer in W.P.No.17318 of 2014 The Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint the petitioner as Forest Watcher from the date on which the third respondent was appointed as Forest Watcher and pay all arrears of Salary Seniority and other consequential benefits. For Petitioners : Mr.K.Vasudevan in all WPs For R 1 in all W.P's : Mr.M.Santhana Raman Additional Government Pleader For R2 in W.P.No.17317 of 2014 : Mr. S.Mani For R2 in W.P.No.17315 and 17316/2014 : No Appearance C O M M O N O R D E R As the issue involved in all the three Writ Petitions are one and the same, the cases are taken up for disposal by a Common Order.

2. The learned counsel appearing for the writ petitioners made a submission that, the issues are in relation to the implementation of Government Order Ms.No.64, Environment and Forest (F2) Department dated 08.03.1999 and the same has been considered by this Court in Writ Petition No.279 of 2014 and an order was passed on 09.01.2015, and for the sake of convenience, the same is extracted below:- "5. There is no dispute that the name of the petitioner is included in the statewide seniority list. The counter affidavit filed by the second respondent fully supports the plea made by the petitioner. In case juniors were made permanent, nothing prevented the respondents from considering the case of the petitioner for regularization taking into account the Government order in G.O.Ms.No.64, Environment and Forest (F2) Department dated 08.03.1999.

6. In the result, a writ in the nature of Mandamus is issued, directing the respondents to consider the case of the petitioner for regularization in the light of seniority position as found in the statewide seniority list prepared on pursuant to the Government Order in G.O.Ms.No.64, Environment and Forest (F2) Department dated 08.03.1999. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

7. The Writ petition is allowed to the extent indicated above. No costs."

3.The learned Additional Government Pleader appearing on behalf of the 1st respondents also submits that G.O.Ms.No.64, Environment and Forest (F2) Department dated 08.03.1999 is in force and the respondents are following the statewide seniority awarded in accordance with the said Government Order.

4.Thus, the respondents are directed to consider the case of the writ petitioners in the light of the G.O.Ms.No.64, Environment and Forest (F2) Department dated 08.03.1999 as per their respective seniority. With these observations, all the Writ Petitions are disposed of. However, no order as to costs.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar sts/smn To

1. The Principal Chief Conservator of Forests, Panagal Building Saidapet, Chennai.

+1 cc to The special Government Pleader [Forest] SR.NO. 73553 Common Order W.P.Nos.17316 to 17318 of 2014 vd[co] RD 10/11/2017