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Madras High CourtWP/13240/2020disposed of

C.Gunasekaran v. The State Of Tamil Nadu

2022-03-17Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.13240, 13242, 13246, 13252, 13395, 13398, 13401, 13403, 13243, 13247, 13250, 13253, 13258, 13275, 13281, 13279 of 2020 and WMP.Nos. 16358, 16361, 16369, 16375, 16531, 16536, 16541, 16546, 16362, 16367, 16371, 16377, 16386, 16399, 16410, 16406, 22855, 22871, 22891, 22877, 22880, 22885, 22801, 22796, 22817, 22820, 22825, 22805, 22811, 22840, 22846, 22850 of 2020 1.C.Gunasekaran .. Petitioner in WP.13242 of 2020 1.G.Gunasekaran .. Petitioner in WP.13246 of 2020 1.K.Kuppusamy .. Petitioner in WP.13252 of 2020 1.V.Angamuthu .. Petitioner in WP.13395 of 2020 1.B.Arumugam .. Petitioner in WP.13398 of 2020 1.N.Ravi .. Petitioner in WP.13401 of 2020 1.S.Jothimani .. Petitioner in WP.13403 of 2020 1.N.Nedunchezheyan .. Petitioner in WP.13243 of 2020 1.M.Sanjivirayan .. Petitioner in WP.13247 of 2020 1.

V.Tamilarasan .. Petitioner in WP.13250 of 2020 1.R.Mahadevan .. Petitioner in WP.13253 of 2020 1.M.Matheswaran .. Petitioner in WP.13258 of 2020 1.P.Govindaraj .. Petitioner in WP.13275 of 2020 1.C.Venu .. Petitioner in WP.13281 of 2020 1.S.R.Palanisamy .. Petitioner in WP.13279 of 2020 vs.

1.The State of Tamil Nadu, Rep. By its Secretary to Government,

Environment and Forest Department, Fort St.George, Chennai.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.

.. Respondents in All WPs Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorafied Mandamus calling for the records on the file of the second respondent relating to the communication in Na.ka.No.AB1/32897/2015 dated 14.08.2020 for preparation of the panel of Forest Guards fit for promotion to Forester for the year 2016-2017 and quash the same with Consequent direction the respondents to include the petitioners name in the panel fit promotion to the Forester by fixing the Seniority in the post of Forest Guard in the year 2003-2004 with all consequential benefits (W.P.Nos.13240, 13242, 13246, 13252, 13395, 13398, 13401, 13403, 13243, 13247, 13250, 13253, 13258, 13275, 13281, 13279 of 2020).

In all W.Ps.

For Petitioners : M/s.K.Jenitha For Respondents : Mr.V.Manokarn, Additional Government Pleader COMMON ORDER Challenge in these writ petitions is to the impugned order of the second respondent relating to the communication in Na.ka.No.AB1/32897/2015 dated 14.08.2020 for preparation of the panel fit for promotion to Forester by fixing the seniority in the post of Forest Guard in the year 2003-2004 with all consequential benefits.

2. The grievance expressed by the petitioners is that the impugned proceedings has called for panel for promotion to the post of Forester, without fixing the petitioner's seniority in the post of Forest Guard as per the directions of this Court and therefore, challenging the same, the present writ petitions have been filed.

3. The second respondent has filed a detailed counter affidavit wherein it has been stated that the petitioners have challenged the communication dated 14.08.2020, calling for inputs for preparation of panel and the panel will be prepared based on the seniority of Forest Guards fit for promotion to the post of Foresters and while preparing panel, due consideration will be given to the date of appointment of persons in the post of Forest Watcher, promotion to the post of Forest Guard, their

eligibility, period of service rendered in the post of Forest Guard entitling the individual to get included in the panel for promotion to the post of Forester, the pendency of departmental proceedings, if any, on the crucial date for preparation of panel etc., and as and when such a panel is prepared and published, it is well open to the petitioners to submit their objection and such objection will be considered before finalizing the panel and therefore, the writ petitions, at this stage is premature and not maintainable. The objections, if any, submitted by the petitioners will be duly considered based on the petitioner's eligibility to get included in the promotion panel.

4. Recording the stand taken by the second respondent in the counter affidavit that so far panel has not been prepared for promotion to the post of Foresters and preparation of seniority will be based on the outcome of the order to be passed by the Hon'ble Supreme Court in the pending Special Leave Petitions and that objections of the petitioners will be considered at the time of finalization of panel and thereafter appropriate orders will be passed these writ petitions stand disposed of. It is open to the respondents to consider the individual grievances of the petitioners, if there is no other legal impediment.

No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Jvm To 1.The Secretary to Government, The State of Tamil Nadu, Environment and Forest Department, Fort St.George,Chennai.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.

+2cc to Mrs.K.Jenitha, Advocate, S.R.No.18729 +1cc to the Government Pleader(Forest), S.R.No.18875 to 18890 W.P.Nos.13240, 13242, 13246, 13252, 13395, 13398, 13401, 13403, 13243, 13247, 13250, 13253, 13258, 13275, 13281, 13279 of 2020 RSI(CO) SB(29/04/2022)