P.C.Gokulakrishnan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.07.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.23514 of 2016 P.C.Gokulakrishnan .. Petitioner Vs.

1.The Government of Tamilnadu, Rep.by Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests / Head of Forest Force, Chennai - 600 015.

3.The Soil Conservation Officer, Mettur Soil Conservation Scheme, Salem - 636 007.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to issue appropriate orders granting notional effect of the petitioner's appointment as Forester by recruitment by transfer w.e.f. October 2007 and to consequently include the name of the petitioner in the ensuing panel for promotion as Forest Ranger in the Tamilnadu Forest Subordinate Service and to consequently promote the petitioner as such with consequential benefits.

For Petitioner :

Mr.M.Ravi For Respondents :

Mr.M.Inbanathan Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to issue appropriate orders granting notional effect of the petitioner's appointment as Forester by recruitment by transfer w.e.f. October 2007 and to

consequently include the name of the petitioner in the ensuing panel for promotion as Forest Ranger in the Tamilnadu Forest Subordinate Service and to consequently promote the petitioner as such with consequential benefits.

2.The petitioner's father served in the respondentDepartment as Forest Ranger and died on 02.03.1992, while he was in service. Thereafter, the petitioner was appointed as Junior Assistant-cum-Typist on compassionate ground. According to the petitioner, he made a representation dated 05.01.2016 to the respondents 1 and 2 to consider him for empanelment for promotion as Forest Ranger in the appropriate place in the ensuing panel but till date no orders have been passed and hence, the Writ Petition has been filed.

3.Mr.M.Ravi, learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation is directed to be considered and appropriate orders are passed as expeditiously as possible.

4.Mr.M.Inbanathan, learned Government Advocate for the respondents has got no serious objection for directing the respondents to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law. 5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents, to consider the representation of the petitioner, dated 05.01.2016 and pass appropriate orders, on merits and in accordance with law. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri

To 1.The Secretary, Government of Tamilnadu, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests / Head of Forest Force, Chennai - 600 015.

3.The Soil Conservation Officer, Mettur Soil Conservation Scheme, Salem - 636 007.

1 cc to Mr.M.Ravi, Advocate, sr.42197 2 ccs to Special Government Pleader,(Forest),sr.38319 & 42196 W.P. No.23514 of 2016 bvr co kra 10.08.2016