K.Nagaraj, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.1955 of 2016 K.Nagaraj .. Petitioner Vs.

1.State of Tamil Nadu Represented by its Principal Secretary Forest Department Fort St.George, Chennai-9.

2.The Principal Chief Conservator of Forests Chennai-15.

3.The Forest Officer cum Director, Anaimalai Tiger Reserve, Pollachi, Coimbatore District, 4.The Forest Range Officer Pollachi Range, Anaimalai Reserve, Topslip, Pollachi Taluk, Coimbatore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to implement the order passed in Se.Mu.No.5930/2009 dated 14.06.2010 on the basis of the G.O.Ms.No.76 by the 1st respondent dated 07.06.2010 and thereby appoint the petitioner as Plot watcher from 07.06.2010 within a time limit to be fixed by this Court.

For Petitioner : Mr.C.Veeraraghavan For respondents : Mr.N.Inbanathan(Forest) Government Advocate.

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The present writ petition is filed seeking for issuance of a writ of mandamus directing the third respondent

to implement the order passed in Se.Mu.No.5930/2009 dated 14.06.2010 on the basis of the G.O.Ms.No.76 by the first respondent dated 07.06.2010.

3. The petitioner would state that he is a tribe and he was employed by the Forest Department as an Anti Poaching Watcher on daily wages and as such he has been working for the past 15 years continuously, without any black mark. 4.Considering the above fact, the first respondent passed Government Order in G.O.Ms.No.76 dated 07.06.2010 to regularise the services of the persons who were working as Anti Poaching Watchers as daily wages for more than 10 years to be appointed as 'Plot Watchers'. On the basis of the G.O., the third respondent issued a proceedings in Se.Mu.No.5390/2009 dated 14.06.2010. However, the salary fixed by the first respondent has not been paid by the third respondent. Therefore, the petitioner has come up with the present writ petition.

5.Heard the submissions of Mr.C.Veeraraghavan, learned counsel appearing for the petitioner and Mr.N.Inbanathan Government Advocate (Forest) appearing for the respondents who accepts notice on behalf of the respondents.

6. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the case, permits the petitioner to give a representation to the third respondent enclosing this order copy within a period of two weeks. On receipt of the same, the third respondent is directed to consider the representation of the petitioner on merits and in accordance with law, within a period of eight weeks thereafter, taking into consideration the Government Orders cited above. The Writ Petition is disposed of accordingly. No costs. sd/- Assistant Registrar(Cs-VII) /TRUE COPY/ Sub-Assistant Registrar kkd To 1.The Principal Secretary to Govt, Govt of Tamil Nadu Forest Department, Fort St.George, Chennai-9.

2.The Principal Chief Conservator of Forests Chennai-15.

3.The Forest Officer cum Director, Anaimalai Tiger Reserve, Pollachi, Coimbatore District, 4.The Forest Range Officer Pollachi Range, Anaimalai Reserve, Topslip, Pollachi Taluk, Coimbatore District.

+1 CC to MR.C.Veeraraghavan Advocate. SR.NO.3536 +1 CC to Special Govt.Pleader. SR.NO.3559 W.P.No.1955 of 2016 CO-SVI JD 15/02/2016