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Madras High CourtWP/21390/2016disposed of

R.Kuppammal, v. Government Of Tamil Nadu,

2016-06-23Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM

THE HON'BLE MR. JUSTICE B.RAJENDRAN WP.No.21390 of 2016 R.Kuppammal .. Petitioner Vs.

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

2. The Principal Chief Conservator of Forests Panagal Building Saidapet, Chennai-600 015.

3. The District Forest Officer Neelagiri South Division Udagamandalam District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents to appoint the petitioner's husband M.Rajagopal, Son of Murugesa Reddy, as regular time scale Forest Watcher taking into account of the seniority and qualification, on par with his juniors in the light of the orders passed in W.P.No.15561 of 2006, dated 10.03.2008; W.A.No.690 of 2008, dated 13.10.2009; W.P.No. 23374 of 2008, dated 30.10.2009; W.A.No.607 of 2010, dated 29.03.2010 and proceedings of the 2nd respondent, dated 07.01.2011 and confer all consequential benefits including the family pension and death benefits based on the representation of the petitioner, dated 05.05.2016.

For Petitioner :Mr.C.Prabakaran For Respondents:Mr.N.Inbanathan Standing Counsel

O R D E R

By consent, the Writ Petition is taken up and disposed of in the admission stage itself.

2. The prayer in the Writ Petition is for the issuance of a Writ of Mandamus, to direct the respondents to appoint the petitioner's husband as regular time scale Forest Watcher taking into account his seniority and qualification, on par with his juniors, in the light of similar orders passed by this Court in similar Writ Petitions and Writ Appeals and confer all consequential benefits including the family pension and death benefits by considering her representation, dated 05.05.2016.

3. The case of the petitioner is that her husband was appointed as a Plot Watcher/Social Forestry Watcher on 07.07.1984 to 06.08.2009 and later on, he was brought into regular time scale of pay of Forest Watcher. Subsequently, the petitioner's husband has given a representation to the respondents to include his name in the state level seniority list for promotion to the post of Forest Watcher. However, the same was not considered. In the mean while, the petitioner's husband died leaving behind the petitioner and other family members as legal heirs. The petitioner made a representation to the respondents on 05.05.2016 to provide death benefits and also to place her husband in an appropriate place of seniority on par with his juniors for the post of Forest Watcher and to provide necessary benefits with arrears of salary. But, till date, the same was not considered. Hence, the petitioner is before this Court with the Writ Petition.

4. Mr.C.Prabakaran, the learned counsel for the petitioner would submit that though the juniors of the petitioner's husband were given promotion to the post of Forest Watcher, the case of the petitioner's husband was not considered by the respondents, while he was alive and hence, the petitioner has made a representation to the respondents on 05.05.2016 to provide death benefits and also to place her husband in an appropriate place of seniority on par with his juniors for the post of Forest Watcher and to provide necessary benefits with arrears of salary. He would also submit that in identical circumstances, this Court has considered the case of the similarly placed persons like that of the petitioner's husband and pursuant to the same, the Government also has implemented the orders passed by this Court. Accordingly, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if her representation is directed to be considered and disposed of in the light of the earlier orders passed by this Court.

5. Mr.N.Inbanathan, the learned Standing Counsel, who takes notice on behalf of the respondents would submit that the respondents have no objection in considering the representation submitted by the petitioner in accordance with law.

6. Having regard to the submissions made on either side and considering the fact that this Court has considered similar such requests, the respondents are directed to consider and pass orders on the representation submitted by the petitioner, dated 05.05.2016, on merits and in accordance with law, in the light of the orders passed in W.P.No.15561 of 2006, dated 10.03.2008; W.A.No.690 of 2008, dated 13.10.2009; W.P.No. 23374 of 2008, dated 30.10.2009; W.A.No.607 of 2010, dated 29.03.2010 and proceedings of the 2nd respondent, dated 07.01.2011, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

paa Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. The Principal Chief Conservator of Forests Panagal Building, Saidapet, Chennai-600 015.

3. The District Forest Officer Neelagiri South Division Udagamandalam District.

+1cc to Mr.C.Prabakaran, Advocate S.R.No.35327 +1cc to the Spl.Government Pleader (Forest), S.R.No.35062 KR/4/7/16 W.P.No.21390 of 2016