M.Dhandapani v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.19020 of 2021 AND W.M.P.No.20281 of 2021 (Through Video Conferencing) 1.M.Dhandapani 2.C.Krishnan 3.G.Arumugam 4.S.Pattu 5.M.Kandasamy 6.G.Kottai Tai 7.A.Subramani
...Petitioners
Vs 1.Government of Tamil Nadu, Represented by its Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2.The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Chennai - 015.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioners as Forest Watcher from 24.01.1995 notionally for purpose of getting pension by taking into account their seniority and qualification, on par with their juniors Mr.Karuppan, in the light of the orders passed in
W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dataed 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 second respondent dated 07.01.2011 and W.P.No.22762 of 2014 dated 22.08.2014 and W.P.No.24 of 2016 dated 05.01.2016 and W.P.No.37631 of 2016 dated 26.10.2016 and W.P.No.32571 of 2018 dated 11.12.2018 and in W.P.No.18771 of 2019 dated 30.08.2019.
For Petitioners :
Mr.S.Mani For Respondents :
Mr.L.S.M.Hasan Fizal Government Advocate
ORDER
Both the learned counsel for the petitioners and the learned Government Advocate for the respondents submits that the issue is now squarely covered by the following decisions of this Court:- (i) J.Pandian and others Vs Government of Tamil Nadu and another, passed in W.P.Nos.22762 to 22769 of 2014 dated 22.08.2014.
(ii) C.Thangaraju and others Vs Government of Tamil Nadu and another, passed in W.P.No.24 of 2016 dated 05.01.2016. (iii) C.Elumalai and others Vs Government of Tamil Nadu and another, passed in W.P.No.37631 of 2016 dated 26.10.2016. (iv) M.Tamilvendhan and others Vs Government of Tamil Nadu and another, passed in W.P.No.32571 of 2018 dated 11.12.2018.
(v) P.Asokan and others Vs Government of Tamil Nadu and another, passed in W.P.Nos.18771 of 2018 etc batch dated 30.08.2019
2. The petitioners have also sent a representation dated 01.03.2021 asking the respondents to promote them on par with their immediate juniors who were promoted as Forest Watchers on 24.01.1995 though the petitioners were promoted much later on 07.08.2009.
3. Since the prayer in this writ petition is confined for seniority and for monetary benefits, this Writ Petition is allowed in terms of the orders passed by this Court cited above.
4. The second respondent is directed to make necessary corrections in the pension papers of the petitioners and give relief to the petitioners with effect from the date on which the petitioners junior Mr.R.Karuppan was promoted. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar (CCC) // True Copy // Sub Assistant Registrar arb 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 Maaligai, Jeenis Road, Chennai - 015.
+7ccs to M/s.Mani, Advocate SR.No.45971 +1cc to the Special Government Pleader SR.No.46229 (13/10/2021) W.P.No.19020 of 2021 and W.M.P.No.20281 of 2021 PL(CO) RVM(05/10/2021)