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Madras High CourtWP/39554/2015disposed of

P.Viswanathan, v. Government Of Tamil Nadu,

2015-12-16Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39554 of 2015 P.Viswanathan .. Petitioner Vs.

1.Government of Tamil Nadu Represented by its Secretary Forest Department Fort St.George, Chennai-9.

2.The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet, Chennai-15 3.The District Forest Officer Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to include the name of the petitioner in the State wide seniority list as per GO.Ms.No.65, Forest Department dated 08.03.1999 so as to enable the petitioner to get his service regularised in a regular time scale appointment as Plot Watcher (supernumerary) post as per the order passed in GO.Ms.No.95, Forest Department dated 07.08.2009 by considering his representation dated 01.10.2014. For Petitioner : M/s.S.Mani For respondents : Mr.S.Gunasekaran, GA for R1 Mr.N.Inbanathan, GA for R2 and R3.

O R D E R

The case of the petitioner is that he was appointed as Plot Watcher on daily wage bases in the Forest Department on 01.12.1982. By an order dated 15.08.1990 he was deputed to Rural Development pursuant to the policy decision taken by the Government, where he was employed till 31.08.1991 and from 01.09.1991, the service of the petitioner was dispensed with by citing administrative reasons.

https://hcservices.ecourts.gov.in/hcservices/

2.The petitioner would state that he is entitled for the benefits under Go.Ms.No.64 and 65 dated 08.03.1999 and GO.Ms.No.95 dated 07.08.2009. The petitioner made a representation dated 01.10.2014 seeking extension of the benefits. Due to the delay in considering the case of the petitioner, the present writ petition is filed. 3.Heard the submissions of Mr.S.Mani, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, Government Advocate appearing for first respondent and Mr.N.Inbanathan, Government Advocate (Forest) appearing for respondents 2 and 3 who accepts notice on behalf of the respondents. 4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider the representation of the petitioner dated 01.10.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar tsh To 1.The Secretary to Government, The Government of Tamil Nadu, Forest Department, Fort St.George, Chennai-9.

2.The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet, Chennai-15 3.The District Forest Officer Salem District.

+1 CC to MR.S.Mani Advocate. SR.NO. 67749 +1 CC to Special Govt.Pleader(Forest). SR.NO. 67785 W.P.No.39554 of 2015 CO-SV JD 08/01/2016 https://hcservices.ecourts.gov.in/hcservices/