C.Babu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH G.Babu
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to the Government, Environment and Forest Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Principal Chief Conservator of Forest, Head of the Forest Department, Velachery Road, Guindy, Chennai, Tamil Nadu - 600 032.
3.The District Forest Officer, Cuddalore Forest Division, Cuddalore.
4.The Forest Range Officer, Shelter Belt Range, Cuddalore.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularise the service of petitioner as Driver from the date of initial appointment in the light of W.P.(MD) No.11106 of 2013, dated 01.12.2016, confirmed in W.A.(MD) No.686 of 2017, SLP.No.29276 of 2018 dated 04.09.2018 implemented vide G.O.Ms.No.03, Environment and Forest Department dated 11.01.2019 and order made in W.P.No.2650 of 2019 etc. dated 12.06.2019, for 10 Drivers, similarly placed as that of the petitioner, confirmed in order made in W.A.No.391 of 2020 etc., as against W.P.No.2650 of 2019 etc., implemented vide G.O.Ms.No.8, Environment and Forest (FR.2.II) Department, dated 22.01.2021 with all consequential service and monetary benefits.
For Petitioner : Mr.T.Dharani For Respondents : Mr.P.Baladhandayutham, Special Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The petitioner seeks a direction to the respondents to regularise his services as Driver from the date of initial appointment, in the light of various decisions of this Court, together with all consequential service 2/5
and monetary benefits. In this regard, the petitioner had also given a representation dated 17.10.2022 to the respondent. Since the same has not yet been considered, the Writ Petition has been filed.
3. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the petitioner is granted liberty to make a fresh representation to the respondents ventilating his grievance with a consequential direction to the respondents to consider the same within a stipulated time, the ends of justice could be secured.
4. In the light of the above observation, the petitioner is directed to make a fresh representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to dispose of the same within a period of four weeks from the date of receipt of the representation.
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5. With the above direction, the Writ Petition stands disposed of. No costs.
22.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Principal Secretary to the Government, State of Tamil Nadu, Environment and Forest Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Principal Chief Conservator of Forest, Head of the Forest Department, Velachery Road, Guindy, Chennai, Tamil Nadu - 600 032.
3.The District Forest Officer, Cuddalore Forest Division, Cuddalore.
4.The Forest Range Officer, Shelter Belt Range, Cuddalore.
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M.S.RAMESH,J.
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