M.Sivakumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.24644 of 2025 1.M.Sivakumar Forester, Thogarapalli Section, Krishnagiri Range, Hosur Wildlife Division, Krishnagiri District.
2.K.Poomalai Forester, Kalappambadi Section, Dharmapuri Forest Range, Dharmapuri Forest Division, Dharmapuri District.
3.A.Murali Krishnan Forester, Forest Research Centre, Cuddalore Research Range, Kolapakkam, Chennai - 600 127.
4.M.C.Sakthivel, Forester, Neruppur Section, Pennagaram Forest Range, Dharmapuri Forest Division, Dharmapuri District.
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5.R.Chellaiya Forester, Mayiladuthurai Section, Sirkazhi Range, Wildlife Forest Division, Nagapattinam.
... Petitioners Vs.
1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George, Secretariat, 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 the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to implement the Government Order dated 26.08.2019 in G.O.Ms.No.83, Environment Forest (FR.2 (i)) Department by fixing the seniority of the petitioners in the appropriate places as per the directions issued by the Hon'ble Division Bench of this court dated 17.04.2018 made in W.A.No.811 of 2011 and etc., batch and consequently direct the Respondent's to promote the Petitioners as Forest Range Officers with all service benefits. For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.C.Selvaraj Additional Government Pleader 2/6
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to implement the Government Order dated 26.08.2019 in G.O.Ms.No.83, Environment Forest (FR.2 (i)) Department by fixing the seniority of the petitioners in the appropriate places as per the directions issued by the Hon'ble Division Bench of this court dated 17.04.2018 made in W.A.No.811 of 2011 and etc., batch and consequently direct the respondents to promote the petitioners as Forest Range Officers with all service benefits.
2. The learned counsel for the petitioners would submit that the respondents have to fix inter-se-seniority between the direct recruits and promotees vide G.O.(Ms).No.83, Environment and Forests (FR.2-I) Department, dated 26.08.2019. It is also the further submission of the petitioners that when other candidates filed writ petition before this Court to fix inter-se-seniority, this Court vide order dated 10.12.2024 in W.P.No.33378 of 2014 had given a positive direction to the respondents to fix inter-se-seniority. Inspite of such direction, the respondents have not 3/6
fixed any inter-se-seniority. Hence, the petitioners have given a representation on 20.01.2025 to fix inter-se-seniority as per the G.O.(Ms).No.83, Environment and Forests (FR.2-I) Department, dated 26.08.2019. Inspite of receipt of such representation, the respondents have not taken any action. Hence, he prayed to issue a writ of mandamus.
3. At this juncture, the learned Additional Government Pleader appearing for the respondents would fairly submit that they would consider the petitioners' representation, within a reasonable time.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. In such view of the matter, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioners' representation dated 20.01.2025 and pass orders on it's own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.
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6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 19.06.2025 (2/2) dm Index : Yes/No Speaking order /Non Speaking Order To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Principal Chief Conservator of Forests, Head of Forest Force, Velacherry Main Road, Guindy, Chennai - 600 032.
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C.KUMARAPPAN, J.
dm 19.06.2025 (2/2) 6/6