M.Saminathan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.NOS.15479, 15480, 15485, 15486, 15488, 15490 & 15492/2021 [Video Conferencing] M.Saminathan ...
Petitioner in W.P.No.15479/2021 K.Krishnan ...
Petitioner in W.P.No.15480/2021 N.Muthusamy ...
Petitioner in W.P.No.15485/2021 M.Munichamy ...
Petitioner in W.P.No.15486/2021 M.Pandi ...
Petitioner in W.P.No.15488/2021 C.Chinnaiya ...
Petitioner in W.P.No.15490/2021 A.Chinnaiya ...
Petitioner in W.P.No.15492/2021 .Vs.
1. The Government of Tamil Nadu represented by Secretary to Government Forest and Environment Department, Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
...
Respondents in all WPs COMMON PRAYER:- Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to appoint the petitioners in the cadre of Forest Watcher by relaxing Rule 5 of the Special Rules of Tamil Nadu Forest Subordinate Service Rules with respect to height on par with their juniors by considering their representations dated 01.04.2021; 29.03.2021; 13.10.2020; 07.04.2021; 30.03.2021; 30.03.2021; and 30.03.2021 in the light of the order passed in W.P.No.9708/2014 dated 12.09.2014, W.P.No.25274/2014 dated 17.09.2014, W.A.No.1703/2014 dated 20.01.2015, SLP [Civil] No.12056/2015 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 and confer all consequential benefits. For Petitioners : Mr.G.Chandrasekar in all WPs For Respondents :
Mr.C.Kathiravan in all WPs Government Advocate COMMON ORDER
1. By consent, these writ petitions are taken up for final disposal and disposed of by this common order as the issue to be adjudicated in the writ petitions is one and the same.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents in all the writ petitions.
3. The above writ petitions have been filed seeking a direction to the respondents to consider their respective representations dated 01.04.2021; 29.03.2021; 13.10.2020; 07.04.2021; 30.03.2021;
30.03.2021; and 30.03.2021 for appointment to the post of Forest Watcher by giving the benefit of relaxation of height rule, viz., Rule 5 of the Special Rules of the Tamil Nadu Forest Subordinate Service Rule.
4. The learned counsel for the petitioners would submit that the matter in issue is squarely covered by the orders of this
Court as well as the Hon'ble Supreme Court of India and the subsequent Government Order and Government Letter, viz., W.P.Nos.9708/2014 and 25274/2014 dated 12.09.2014 and 17.09.2014; W.A.No.1703/2014 dated 20.01.2015; SLP [Civil] No.12056/2015 dated 05.07.2016; 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 and prays that the petitioners will be satisfied if a direction is issued to the respondents to consider their respective representations seeking the aforesaid relief, by taking into consideration the above decisions/judgments/Government Letter/Government Order.
5. The Court heard the submissions of the learned Government Advocate appearing for the respondents.
6. Considering the limited scope of prayer sought for by the petitioners in these writ petitions, this Court, without expressing any opinion on the merits of the petitioners' representations dated 01.04.2021; 29.03.2021; 13.10.2020; 07.04.2021; 30.03.2021; 30.03.2021; and 30.03.2021 respectively, directs the 1st respondent to consider and dispose of the said representations, by taking into consideration the judgments/ decisions/Government Letter/Government Order [cited supra] 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 petitions stand disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To
1. The Secretary to Government, The Government of Tamil Nadu, Forest and Environment Department, Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
+7ccs to Mr.G.Chandrasekar, Advocate, S.R.No.36662 to 36668 +1cc to the Special Government Pleader (Forests), S.R.No.36391 to 36394 & 36396 W.P.NOS.15479, 15480, 15485, 15486, 15488, 15490 & 15492/2021 GPL(CO) PBS/17/08/2021