Madras High CourtWP/29293/2017disposed of

A.Palanisamy v. Government Of Tamil Nadu

2017-11-20Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.29293 of 2017 A.Palanisamy .. Petitioner -vs1. Government of Tamilnadu rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai - 600 009

2. The Principal Chief Conservator of Forest, Office at Panagal Maaligai, Saidapet, Chennai - 600 015

3. The District Forest Officer, Salem, Salem District .. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to extend the benefit of G.O.Ms.No.46, Environment and Forest Department dated 10.04.2017 in his favour so as to enable the petitioner to get promotion to the post of Forest Watcher on par with similarly placed persons like the petitioner with effect from 02.08.2017 with all consequential service and monetary benefits.

For Petitioner ::

Mr.S.Mani For Respondents:: Mr.M.Santhanaraman Additional Government Pleader (Forests)

ORDER

With consent, the main writ petition itself is taken up for final disposal at the admission stage.

2. The petitioner, who was appointed on 01.04.1984, as plot watcher, on a daily wage basis, has come to this Court stating that even after 25 years of continuous service on daily wage basis, the respondents have regularised his service only in a non cadre post, i.e.,Plot Watcher (supernumerary) on 07.08.2009. Subsequently, the Government has issued G.O.Ms.No.46, Environment and Forests (FR.2-II) Department dated 10.04.2017 to https://hcservices.ecourts.gov.in/hcservices/

bring all those, who are working as plot watcher (Supernumerary) into the cadre post of forest watcher by relaxing the requirement to possess the requisite height. In view of the same, a list has been drawn by the Department, but the name of the petitioner was not included, however, the names of similarly placed persons like that of the petitioner were included. Therefore, petitioner has given representation on 10.09.2017 seeking inclusion of his name in the said list, the same has not been done. Hence the writ petition.

3.Mr.M.Santhanaraman, learned Additional Government Pleader (Forests) takes notice for the respondents and seeks two months time to consider the pending representation of the petitioner. 4.Considering the limited relief sought for in this petition and without going into the merits of the matter, this Court hereby directs the respondents to consider the representation made by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssd To

1. Government of Tamilnadu rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai - 600 009

2. The Principal Chief Conservator of Forest, Office at Panagal Maaligai, Saidapet, Chennai - 600 015

3. The District Forest Officer, Salem, Salem District +1cc to Special Government Pleader SR.No.82083 +1cc to Mr.S.Mani, Advocate SR.No.82194 W.P.No.29293 of 2017 sm:14.12.2017 https://hcservices.ecourts.gov.in/hcservices/