P.Subramani, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.18941 of 2016 P.Subramani [ Petitioner ] Vs
1. The Government of Tamil Nadu rep.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 District Forest Officer Kanchipuram District Kanchipuram.
[ Respondents ] Prayer: Writ petition is filed under Article 226 of Constitution of India, seeking a writ of mandamus to direct the respondents to appoint the petitioner as regular time Scale Forest Watcher taking into account his seniority and qualification on par with his juniors in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010 and proceedings of the second respondent dated 07.01.2011 and confer all consequential benefits including pension benefits based on the representation of the petitioner dated 19.12.2015. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.N.Inbanathan Government Advocate (Forest)
O R D E R
Mr.N.Inbanathan, learned Government Advocate (Forest) takes notice on behalf of the respondents.
2. By consent, the writ petition is taken up and disposed of in the admission stage itself.
3. The prayer in the writ petition is for the issuance of a writ of mandamus to direct the respondents to appoint the petitioner as regular time Scale Forest Watcher taking into account his seniority and qualification on par with his juniors in the light of similar orders passed by this Court in similar writ petitions and confer all consequential benefits including pension benefits by considering his representation dated 19.12.2015.
4. The case of the petitioner is that he was appointed as a Forest Watcher/Forest Guard in the respondent Department on a consolidated basis and later on he was brought into regular time scale of pay of Forest Watcher and his name was included in the state wide seniority list for promotion to the post of Forest Watcher. However, though his juniors were promoted as Forest Watchers his case was not considered. In this regard, he has also submitted a representation dated 19.12.2015 to the respondents and till date the same was not considered. Hence, the petitioner is before this Court.
5. The learned counsel for the petitioner would submit that the grievance of the petitioner is that though his juniors were given promotion to the post of Forest Watchers, the petitioner's case was not considered by the respondent. He would also submit that in identical circumstances, this Court has considered the case of the similarly placed persons like that of the petitioners and pursuant to the same, the Government also has implemented the orders passed by this Court. He also brought to the notice of this Court that the writ appeal preferred by the Department was also dismissed. Accordingly, he would seek for a similar relief in this writ petition.
6. Mr.N.Inbanathan, learned Government Advocate (Forest) would submit that in the representation submitted by the petitioner, the details were not specified properly and in case, if any fresh representation is submitted incorporating all the necessary details, the same will be considered in accordance with law.
7. Having regard to the submissions made on either side and considering the fact that this Court has considered similar such requests, the petitioner is directed to submit a fresh representation with all necessary details to the respondents within a period of fifteen days from today and on receipt of such representation, the respondents are directed to consider and pass orders on the same on merits and in accordance with law, within a period of four weeks, thereafter.
8. With the above direction, this writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar vj2
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 District Forest Officer Kanchipuram District Kanchipuram.
1 cc to M/s.C. Prabakaran, Advocate, Sr. 30073 1 cc to Spl.Government Pleader, Sr. 29954 W.P.No.18941 of 2016 NR (CO) kk 16/6