R.Karnan v. The Principal Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.39668 of 2015 R.Karnan .. Petitioner Vs.

1.The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet, Chennai-15 2.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 appoint the petitioner as Plot watcher (supernumerary) by extending the benefit of GO.Ms.No.95, Environment Department dated 07.08.2009 and in the light of the judgment passed by the Division Bench of this Court on 29.04.2011 in WA.No.887 of 2010 by considering the representation dated 06.08.2014 of the petitioner within a time specified by this Court.

For Petitioner : M/s.S.Mani For respondents : Mr.M.K.Subramanian, Spl.GP.(Forests)

O R D E R

With the consent of both sides, the writ petition is taken up for final disposal.

2.The case of the petitioner is that he was appointed as Plot Watcher on daily wage bases in the Forest Department on 08.01.1985. By an order dated 08.09.1989 he was deputed to Rural Development pursuant to the policy decision taken by the Government. Whileso, the Government issued Go.Ms.No.64 dated 08.03.1999 to regularise the service of the daily wages employees in the Forest Department.

3.Similarly, GO.Ms.No.65 dated 08.03.1999 was issued to the persons who are already deputed to Rural Development Department extending the same benefit under GO.Ms.No.95 dated 07.08.2009 to bring the daily wage employees under time scale of pay. Since https://hcservices.ecourts.gov.in/hcservices/

the benefit was not extended to the petitioner, he made a representation dated 06.08.2014, however it was not considered. Therefore, the petitioner filed the present writ petition. 4.Heard the submissions of Mr.S.Mani, learned counsel appearing for the petitioner and Mr.M.K.Subramanian, Special Government Pleader (Forests) who accepts notice on behalf of the respondents.

5.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 petitioner to submit one more representation to the first respondent by enclosing a copy of this order and relevant records within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent shall consider the said representation on merits and in accordance with law and pass appropriate orders within a period of eight weeks thereafter and communicate the decision taken to the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. tsh s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet, Chennai-15 2.The District Forest Officer Salem District.

+ 1 cc to Spl.Govt.Pleader (Forest) SR 68134 + 1 cc to Mr.S.Mani, Advocate SR 67932 sv(co) prk8/1 W.P.No.39668 of 2015 https://hcservices.ecourts.gov.in/hcservices/