D.Sampath v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Sampath ....
Petitioner Vs
1. Government of Tamil Nadu, Rep. by its Additional Chief Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, (Head of Forest Force), Velacherry Main Road, Guindy, Chennai - 600 032.
....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to include the post of Forester for the year 2011-2012, give notional promotion to the petitioner to the post of Forester on par with their juniors (i.e.,) 18.04.2013 without insisting for completion of Vaigai Dam Training within specified period on 15.08.2011 in the light of the order passed by this Hon'ble Court in W.P.No.40881 of 2016 dated 22.11.2016 same was affirmed by Division Bench in W.A.No.2682 of
2019 dated 07.07.2021 and same was confirmed by the Supreme Court S.L.P.(Civil) Diary No.(S).27674 of 2022 dated 26.09.2022 and order in W.P.No.2584 of 2024 dated 06.02.2024 with all consequential service and monetary benefits.
For Petitioner : Mr.S.Mani For Respondents : Dr.T.Seenivasan Special Government Pleader
ORDER
This writ petition has been filed for a direction, directing the respondents to include the post of Forester on par with his juniors (i.e.,) 18.04.2013 without insisting for completion of Vaigai Dam Training within specified period on 15.08.2011 in the light of the order passed by this Court in W.P.No.40881 of 2016, dated 22.11.2016 same was affirmed by Division Bench in W.A.No.2682 of 2019, dated 07.07.2021 and same was confirmed by the Supreme Court S.L.P.(Civil) Diary No.(S).27674 of 2022, dated 26.09.2022 and order in W.P.No.2584 of 2024 dated 06.02.2024 with all consequential service and monetary benefits.
2. The case of the petitioner is that the petitioner's name was not
included in the promotion panel for the year 2011-2012. It is submitted by both sides that for similarly situated persons, the same has been implemented and the SLP filed against the said order has also been dismissed. Hence, the petitioner seeks a direction to the respondents to include his name in the panel for promotion.
3. The only contention of the learned Special Government Pleader is that the petitioner has not undergone training at Vaigai Dam. Therefore, now his request cannot be considered.
4. It is relevant to note that this Court, in an identical case in W.P.No.40881 of 2016 by an order dated 22.11.2016, has held that the petitioners have not been deputed to Vagai Dam Training for a long time and if the department fails to post them at a particular place for training, the employee could not blamed for the same and hence, directed the respondents to include the name of the petitioner in the promotion panel for the year 2011-2012 and promote them as Foresters from the date on which their juniors were promoted on notional basis. The appeal filed
against the said order in W.A.No.2682 of 2019 has been dismissed by the Division Bench of this Court by an order dated 07.07.2021. Therefore, the petitioner submitted a representation and the same was not considered.
5. In view of the above, the respondents are directed to include the name of the petitioner in the promotion panel for the year 2011-2012 and promote him as a Forester from the date on which his juniors were promoted on notional basis within a period of four weeks from the date of receipt of copy of the order.
6. With the above direction, this writ petition is disposed of. No costs.
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To
1. The Additional Chief Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, (Head of Forest Force), Velacherry Main Road, Guindy, Chennai - 600 032.
G.K.ILANTHIRAIYAN. J,
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