M.Dharman v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.NO.15628/2021 [Video Conferencing]

1. M.Dharman

2. C.Kavaran ... Petitioners .Vs.

1. The Government of Tamil Nadu, Rep.By its Secretary, Environment & Forest Department, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai-015.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing directing the respondents to consider the notional promotion to the petitioners as Forest Guard on par with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the order passed in WP.No.35281/2019 dated 20.12.2019 and in the light of the proceedings of 2nd respondent dated 10.10.2014 by considering the representation made by the petitioners dated 06.01.2021 within the time limit to be stipulated by this court. For Petitioners :

Mr.S.Mani For Respondents :

Mr.C.Kathiravan 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 Standing Advocate accepts notice on behalf of the respondents.

3. The petitioner has filed the present writ petition seeking for issuance of a writ of mandamus, directing the respondents to consider the case of the petitioners for notional promotion as Forest Guard on par with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the order passed in W.P.No.35281/2019 dated 20.12.2019 and in the light of the proceedings of 2nd respondent dated 10.10.2014 by considering their representation dated 06.01.2021.

4. Learned counsel for the petitioners would submit that the petitioners will be satisfied if a direction is issued to the respondents to consider and pass orders on their representation dated 06.01.2021 on merits within a stipulated time frame.

5. This Court heard the submissions of the learned Government Advocate appearing for the respondents and perused the materials placed before it.

6. Though the petitioners have prayed for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim made by the petitioners either in their representation or in this writ petition, directs the respondents 1 and 2 to consider and dispose of the petitioners' representation dated 06.01.2021 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 petitioners herein.

7. The writ petition stands disposed of accordingly. No costs.

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

To

1. The Secretary, Government of Tamil Nadu, Environment & Forest Department, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 015.

+2ccs to Mr.S.Mani, Advocate, S.R.No.36209 +1cc to the Government Pleader (Forest), S.R.No.36853 W.P.NO.15628/2021 VSN-II(CO) PBS/17/08/2021