A.Dowlathkhan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23295 of 2021 (Through Video Conferencing) A.Dowlathkhan ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
3.The District Forest Officer, Tiruvanamalai Forest Division, Tiruvanamalai.
4.The Forest Range Officer, Wild Life Range, Sathanur Dam, Sathanur.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner representation dated 24.01.2019 and passed orders for regularisation of the petitioner service with all consequential benefits.
For Petitioner : M/s.T.Dharani For Respondents :
For R1 & R2 : Mr.L.S.M.Hasan Fizal Government Advocate
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first and second respondents.
2. The case of the petitioner is that the petitioner has been working as a Crocodile Farm Watcher in the capacity of Plot Watcher from 01.04.2004 on daily wages basis.
3. It is the case of the petitioner that similarly placed persons have also approached this court and have obtained order in W.P.No.16216 of 2006 (T) in O.A.No.1923 of 1996 vide its order dated 18.06.2008. Pursuant to which, their services have been regularized by the respondents.
4. The learned counsel for the petitioner has drawn attention to the proceedings of the third respondent wherein, the third respondent has confirmed that the petitioner was working with effect from 01.04.2004 as a Crocodile Farm Watcher/Plot Watcher.
5. The petitioner has sent a representation dated 24.01.2019 to the second respondent. Pursuant to which, the fourth respondent has also sent a proposal to the third respondent. The third respondent has to in turn send a recommendation to the second respondent and thereafter appropriate orders have yet to be passed.
6. Considering the fact that the petitioner has in employment from 01.04.2004 in terms of proceedings bearing Na.Ka.No.78 dated 07.06.2018 of the fourth respondent, the representation of the petitioner dated 24.01.2019 is directed to be considered by the second and third respondents and appropriate order will be passed within a period of sixteen weeks from the date of receipt of a copy of this order.
7. In case, services of similarly placed persons have been regularized, the second and third respondents shall also regularize the services of the petitioner in terms of the Government Orders issued for such persons.
8. This Writ Petition stands disposed of with the above observations. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rgm/arb To 1.The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
3.The District Forest Officer, Tiruvanamalai Forest Division, Tiruvanamalai.
4.The Forest Range Officer, Wild Life Range, Sathanur Dam, Sathanur.
+1 cc to M/s.T.Dharani, Advocate Sr.NO. 56133 +1 cc to Special Government Pleader Forest Sr.NO. 56502 W.P.No.23295 of 2021 A.SK(22.11.2021)