M.Balasubramanian, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24752 of 2016 M.Balasubramanian ..

Petitioner vs.

1.The State of Tamil Nadu, Represented by its Secretary, Forest Department, Fort St.George,Chennai-600 009.

2.The Deputy Conservator of Forests, State Forestry Research Institute, Kolapakkam, Chennai.

3.The Forest Range Officer, Virudhachalam Range, Neyveli, Cuddalore District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 08.02.2016 and direct the third respondent to calculate the temporary service of Garden Watchman from 1979 to 06.08.2014 may be treated as permanent status and given pensionary benefits to the petitioner.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.N.Inbanathan, Government Advocate (Forests)

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner would claim that he joined as Social Forestry Worker on 01.07.1979 and the second respondent, vide proceedings in Se.Mu.A.No.1914/03/D dated 22.9.2006 has regularized the service of the petitioner as Mali with effect from 06.08.2004 and also conferred him with the benefit of 2 years pay arrears.

The petitioner has submitted a representation dated 08.02.2016 to the second respondent praying to take into account the period of service rendered by https://hcservices.ecourts.gov.in/hcservices/

him prior to the order of regularization dated 22.09.2006 passed by the second respondent and since no orders have been passed, came forward with this writ petition.

3. Heard the submissions of Mr.N.Inbanathan, learned Government Advocate (Forest), who accepts notice on behalf of the respondents.

4. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the second respondent to consider and dispose of the petitioner's representation dated 08.02.2016 and pass orders on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs.

sd/- Assistant Register //True Copy // Sub Assistant Register jvm To 1.The Secretary, The State of Tamil Nadu, Forest Department, Fort St.George, Chennai-600 009.

2.The Deputy Conservator of Forests, State Forestry Research Institute, Kolapakkam, Chennai.

3.The Forest Range Officer, Virudhachalam Range, Neyveli, Cuddalore District.

+1 cc to Mr.R.Sankarasubbu, Advocate sr.no.8856 +1 cc The Special Government Pleader, [F] sr.9028 W.P.No.24752 of 2016 ALA[CO] RR 27/02/2017 https://hcservices.ecourts.gov.in/hcservices/