A.Pitchandi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.14582/2021 & W.P.M.P.No.15475 of 2021 [Video Conferencing] A.Pitchandi

...Petitioner

Vs.

1.The Government of Tamilnadu Rep. By its Secretary Environment and Forest Department Fort St. George Chennai - 600009.

2.The Principal Chief Conservator of Forest Environment and Forest Department Office at Panagal Maligai Saidapet, Chennai - 600 015 3.The Forest Range Officer Social Forest Range Sriperumputhur

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus calling for the entire records which culminated in passing the impugned order bearing reference No.LL1/10075/2014 dated 25.11.2015, to file of the 2nd respondent, quash the same and consequently direct the respondents to allow him to work as Plot watcher Supernumerary post with all consequential monetary benefits to the petitioner within a period that may be specified by this Court. For Petitioner :

Mr.S.Mani For Respondents :

Mr.C.Kathirvan Government Advocate

ORDER

1.

By consent, the writ petition is taken up for final disposal and is disposed of by this order.

2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.

3.

The case of the petitioner is that the was appointed as Plot Watcher on daily wage basis on 10.05.1987 and his services were regularised on 31.08.2009 and for the reasons best known, he was stopped from performing his duties from 31.07.2011 onwards and this Court, vide order dated had disposed of the writ petition filed by the petitioner in WP.No.32680/2012 by directing the respondents to consider and dispose of the petitioner's representation within a period of four weeks and after a lapse of nearly three years, the present impugned order dated 25.11.2015 came to be passed rejecting the request of the petitioner and challenging the legality of the same, the petitioner came forward to file the present writ petition.

4.

Learned counsel for the petitioner would submit that the petitioner has preferred an appeal against the impugned order before the 1st respondent on 10.03.2016 and the petitioner will be satisfied if a direction is issued to the 1st respondent to dispose of the said appeal on merits within a stipulated time frame.

5.

This Court heard the submissions of the learned Government Advocate appearing for respondents 1 to 3 and also perused the materials placed.

6.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in the appeal or in this writ petition, directs the 1st respondent to consider and dispose of the appeal dated 10.03.2016 preferred by the petitioner on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.

7.

The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar AP

To 1.The Secretary, The Government of Tamilnadu, Environment and Forest Department, Fort St. George, Chennai - 600009.

2.The Principal Chief Conservator of Forest, Environment and Forest Department, Office at Panagal Maligai, Saidapet, Chennai - 600 015.

3.The Forest Range Officer Social Forest Range, Sriperumputhur.

+1cc to Mr.A.Ramesh, Advocate Sr.No.33424 +1cc to the Government Pleader Sr.No.33932, 34104 WP.No.14582/2021 PCH(CO) RVM(16/08/2021)