R.Venkatachalapathy v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 15411 of 2021 1.R.Venkatachalapathy 2.A.Kandhasamy 3.A.Muthaiya 4.R.Jayaraman 5.C.Singaram 6.M.Rajendran 7.A.Selvaraj 8.U.Pandurangan .. Petitioners
Versus
1.The State of Tamil Nadu, Rep. 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 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to appoint the petitioners in the cadre post of Forest Watcher by giving the benefit of relaxation of height rule with effect from the date of their juniors appointment in the post of Forest Watcher on 24.01.1995 by considering their representation dated 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 time frame. For Petitioners : Ms. K.Jenitha For Respondents : Mr. C.Kathiravan Government Advocate
O R D E R Mr. C.Kathiravan, learned Government Advocate, takes notice for the respondents. With the consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.
2. This writ petition is filed for issuance of a writ of mandamus directing the respondents to appoint the petitioners in the cadre post of Forest Watcher by giving the benefit of relaxation of height rule with effect from the date of their juniors appointment in the post of Forest Watcher on 24.01.1995 by considering their representation dated 08.01.2021 in the light of the orders 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 a time stipulated by this Court.
3. This Court in similar issues has already directed the respondents to consider and dispose of the representation of the petitioners therein. Learned counsel appearing for the petitioners states that the petitioners would be satisfied if a direction is issued to the second respondent to consider and pass orders on the petitioners' representation dated 08.01.2021, within a time stipulated by this Court.
4. Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioners, without expressing any opinion on the merits of the petitioners' representation or the case pleaded before this Court, this writ petition is disposed of with a direction to the second respondent to consider the petitioners' representation dated 08.01.2021 and dispose of the same on merits and in accordance with law, by taking into consideration the precedents relied upon by the petitioner, decisions of Government and Government Order in similar cases, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bkn
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 the Government Pleader,High Court, Madras S.R.No.36247 W.P. No. 15411 of 2021 AK-II(CO) SB(11/08/2021)