G.Muniyappan v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2017
CORAM
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.16545 of 2017
1. G. Muniyappan
2. C. Sakthivel
3. R.Silambarasan
4. S.Srirangan
5. Pachiyappan
6. D.Selvarasu
7. Rajkumar
8. M.Murali
9. S.Kamalanathan 10.V.Dharmalingam
11. R.Jagadeesan
12. Chettu
13. Sakthimalai
14. Sankar
15. P.Srinivasan
16. L. Balu
17. P.Muthu
18. P.Suresh
19. K.Jayavel
20. G.Manikandan
21. K.Rajini
22. G.Devendran
23. P.Rajasekar
...Petitioners
Vs.
1. The Principal Secretary to Government of Tamil Nadu, Environment and Forest Department, Fort George, Chennai- 600 009.
2. The Principal Chief Conservator of Forests, Panagalmaligai, Saidapet, Chennai- 600 015.
3. The District Forest Officer Thiruvannamalai North Division, Polur- 606 803.
Thiruvannamalai District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of mandamus directing the respondents either jointly (or) severally to consider the representation dated 07.06.2017 made by the petitioners from disengagement of their service without following the due process of law.
For Petitioners : P.Ganapathy For Respondents : E. Manoharan Additional Government Pleader
ORDER
The learned counsel appearing for petitioners confines his prayer only to the extent of considering the representation submitted by the petitioners jointly on 07.06.2017. Though the representation was addressed to the Honourable The Chief Minister of the state, a copy was marked to the third respondent. Thus the learned counsel represented that it is suffice that a direction be issued to the third respondent to consider the representation submitted by the writ petitioners jointly.
2. The facts not in dispute is that the writ petitioners were engaged as Mazdoor's on daily wages by the Forest Department, in order to protect the Red sanders plantations in the Reserve Forest areas more specifically in Polur, Arni and Cheyyar Ranges.
3. The writ petitioners have completed more than 240 days in a consecutive year and therefore claiming that they are entitled for confirmation of their respective service. This Court is not inclined to consider the merits of the claim made out in this writ petition and considering the facts and circumstances, this Court is inclined to direct the third respondent. As such the third respondent is directed to consider the representation submitted by the writ petitioners on 07.06.2017 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose a copy of the representation along with the copy of this order to the third respondent. Accordingly this writ petition is disposed of. No costs.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar aav/dpq To
1. The Principal Secretary to Government of Tamil Nadu, Environment and Forest Department, Fort George, Chennai- 600 009.
2. The Principal Chief Conservator of Forests, Panagalmaligai, Saidapet, Chennai- 600 015.
3. The District Forest Officer Thiruvannamalai North Division, Polur- 606 803, Thiruvannamalai District +1 CC to Spl. Govt. Pleader sr 45343 +1 CC to Mr.P.Ganapathy , Advocate sr 45399 W.P.No.16545 of 2017 SP(17/07/2017)