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Madras High CourtWP/21025/2021disposed of

G.Vinayagam v. Government Of Tamilnadu

2021-09-30Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21025 of 2021 and W.M.P.No.22285 of 2021 (Through Video Conferencing) 1.G.Vinayagam 2.P.Theerthagiri 3.A.Ganesan 4.R.Gnaneswari 5.S.Pandi 6.S.Ravi 7.S.Arulnathan 8.K.Venkatesan ... 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, Saidapet, Chennai - 015.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the notional promotion to the petitioners as Forest Guard on par with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of order passed in W.P.No.35281 of 2019 dated 20.12.2019 by considering the representation made by the petitioner dated 08.03.2021 within time limit to be stipulated by this Hon'ble Court.

For Petitioners : Mr.S.Mani For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Both the learned counsel for the petitioner and the learned Government Advocate for the respondents accept that the issue is now squarely covered by the decision of this Court rendered in W.P.No.19027 of 2021, such decision was also followed in W.P.No.19023 of 2021.

2. W.P.No.19027 of 2021 was disposed with the following observations:- "3. In the present case, the petitioners were appointed as Plot Watchers between 1982 and 1983 and their services were regularized as Forest Watchers between 2004 and 2009. Thereafter, the second petitioner herein was noted as Forest Watcher, the first and third petitioners were promoted as Forest Guards. They were also given notional promotion from various dates as detailed below:- Sl .N o Name of the Employee Date of Appointmen t as Plot Watcher Date of Regulariza tion of Service as Forest Watcher Date of Promotion as Forest Guard The Case Number for Notional Promotion with effect from 24.01.1995

1. M.Vijayakumaran 01.08.1982 24.08.2005 01.10.2011 W.P.No. 3040/2014 Dated on 03.02.2014

2. A.Ramakrishnan 01.01.1983 27.07.2009 - W.P.No.

1005/2014 Dated on 10.01.2014

3. C.Kuppusamy 01.03.1982 01.07.2004 20.09.2010 W.P.No.

4022/2018 Dated on 02.03.2018

4. The petitioners are now seeking for a Mandamus, to direct the respondents to consider the notional promotion of

the petitioners as Forest Guard on par with their juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 in the light of the orders passed in W.P.No.35281 of 2019 vide order dated 20.12.2019 by considering the representation made by the petitioners on 08.03.2021.

5. Since the issue is already answered in W.P.No.19023 of 2021 in the light of the Government Orders discussed therein and the decision of the Hon'ble Supreme Court in Prem Singh Case referred to supra, the prayer of the petitioners deserves to be allowed in this Writ Petition. Accordingly, this Writ Petition stands allowed by directing the respondents to consider the request of the petitioners to be notionally promoting to the post of Forest Guard on par with their juniors by including their name in the panel drawn in the year 2003-2004 with effect from 31.05.2004 within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Writ Miscellaneous Petition is closed."

3. Since the issue is same and is identical, this Writ Petition is disposed by directing the respondents to consider the petitioners representation 08.03.2021 and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order in the light of the order passed by this Court in W.P.No.19027 of 2021 dated 09.09.2021. No costs.

Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar //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, Saidapet, Chennai - 015.

+8cc to M/s.S.Mani, Advocate, S.R.No.50688(15/11/2021) +1cc to the Special Government Pleader, S.R.No.51406 W.P.No.21025 of 2021 and W.M.P.No.22285 of 2021 BS(CO) SB(27/10/2021)