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Madras High CourtWP/28129/2015disposed of

P. Tamilselvan, v. The Chief Conservator

2015-09-08Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.28129 of 2015 & M.P.No.1 of 2015

1. P.Tamilselvan

2. M.Mahesh

3. K.Kalidasan

4. K.Vinayakamoorthi

5. K.Silambarasan

6. E.Suriya

...Petitioners

Vs

1. The Chief Conservator of Forests, Panagal Building, Saidapet, Chennai -15.

2. The District Collector, Thiruvallur, Thiruvallur District.

3. District Forest Officer, District Forest Office, Thiruvallur, Thiruvallur District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus directing the respondents to reinstate the petitioners with all benefits and backwages. For Petitioner :

Mr.S.Bharath For Respondents :

Mr.N.Inbanathan, G.A.(Forest)-R1 Mr.V.Subbiah, Spl.G.P. - R2

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner would state that they belong to Scheduled Caste and Scheduled Tribe category and to prevent the illegal cutting of valuable red sanders, their services were engaged as "Red Sanders Protection Worker, (Temporary)" by the Forest Range Officer, Thiruvallur range.

3. The grievance now expressed by the petitioners is that their services were engaged right from the year 2013 and during February, 2014 onwards, the salary due and payable to them have not been settled at all. The petitioner would further state that risking their lives, they have protected the forest trees and since they are in continuous employment from the year 2013 onwards, they are entitled to get regularisation of their services as well as arrears of salary payable from February, 2014 and in this regard, submitted a joint representation dated 17.4.2015 to the respondents. Since no orders have been passed, they came forward to file this Writ Petition.

4. Heard the submissions of the learned counsel appearing for the petitioner, Mr.N.Inbanathan, learned Government Advocate, who accepts notice on behalf of the first respondent and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the second respondent.

5. Though the petitioners have prayed for a large relief, this Court in the light of the above-said facts and circumstances, without going into the merits of the claim projected by the petitioners either in this Writ Petition or in their representation, directs the third respondent to consider and pass orders on the representation of the petitioners dated 17.04.2015 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.

The Writ Petition is disposed of accordingly. No costs. Consequently, M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sl To

1. The Chief Conservator of Forests, Panagal Building, Saidapet, Chennai -15.

2. The District Collector, Thiruvallur, Thiruvallur District.

3.

The District Forest Officer, Thiruvallur, Thiruvallur District.

1 CC to Mr.S.Bharath, Advocate SR.No. 48656 1 CC to the Spl. Government Pleader (Forest), SR.No. 48941 1 CC to the Government Pleader, SR.No. 49004 Writ Petition No.28129 of 2015 & M.P.No.1 of 2015 NM (CO) PSI (29.09.2015)