V.Chinnavan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.No.15847 of 2021 1.V.Chinnavan 2.K.Chinnasamy 3.D.Balasubramanian 4.V.Natarajan 5.S.Chinnamuthu 6.M.Mani 7.R.Karuppanan 8.E.Ellappan 9.P.Mari 10.S.Sundaramurthy 11.K.Velayutham 12.R.Adhigajendran .. Petitioners

Versus

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

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

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to appoint the petitioners in the cadre post of Forest Watcher by giving the benefit of relaxation of height rule with effect from the date of their Juniors appointment in the post of Forest Watcher on 24.01.1995 and 08.03.1999 by considering his representation dated 10.11.2020 in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.P. No.25274/2014 dated 17.09.2014, W.A. No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016 and Re.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 within time frame.

For Petitioner : Ms.K.Jenitha For Respondents : Mr.C.Kathiravan Government Advocate O R D E R With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to appoint each of the petitioners in the post of Forest Watcher by relaxing the rule relating to height of candidates with effect from the date of their junior's appointment as Forest Watcher. 3.Learned counsel appearing for the petitioners states that the respondents have already passed orders in similar cases and therefore, the petitioners will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 10.11.2020 and pass appropriate orders within a time stipulated by this Court.

3.Having regard to the limited scope of the prayer that is now sought by the petitioners counsel, without expressing any opinion on the merits of the petitioners representation, this writ petition is disposed of with a direction to the 2nd respondent to consider the petitioners representation dated 10.11.2020 and pass orders on merits and in accordance with law taking into account the orders, if any, passed in favour of similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order. No Costs. Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar ssr To 1.The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.

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

W.P.No.15847 of 2021 JPL (CO) PR (25/08/2021)