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Madras High CourtWP/23982/2021disposed of

Balamani v. The Government Of Tamil Nadu

2024-01-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.

No.23982 of 2021 Balamani ... Petitioner Vs.

1.The Government of Tamil Nadu Rep by Secretary to Government, Forest and Environment Department, Fort St. George, Chennai 9.

2.Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 15.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to appoint the petitioner's husband as regular time scale of Forest Watcher taking into account of his seniority and qualification, on par with his juniors by considering the petitioner's representation dated 01.09.2021 in the light of the order passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009 and W.P.No.23374 of 2008 dated 30.10.2009 and W.A.No.607 of 2010 dated 29.03.2010 and confer all consequential benefits payable to the petitioner. Page No.1 of 4

For Petitioner : No appearance For Respondents : Mr.R.Neethiperumal, GA

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents herein to appoint the petitioner's husband in regular time scale of Forest Watcher taking into account of his seniority and qualification, on par with his juniors by considering the petitioner's representation dated 01.09.2021 in the light of the order passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009 and W.P.No.23374 of 2008 dated 30.10.2009 and W.A.No.607 of 2010 dated 29.03.2010 and confer all consequential benefits payable to the petitioner.

2. No representation for the petitioner. Heard Mr.R.Neethiperumal, learned Government Advocate for the respondents.

3. It is seen from the records that the petitioner is the wife of the deceased Anandha Ratchagan who worked as Social Forestry Worker. Page No.2 of 4

The petitioner's husband was appointed on temporary basis on 07.03.1986 on daily wages. He was absorbed and regularised in the post of Forest Watcher with effect from the year 2009. The petitioner's husband died in harness. Despite the services of the juniors of the petitioner's husband were regularised in the year 1995, the petitioner's husband's earlier services were not taken into account and he was regularised only in the year 2009. In view of the same, the petitioner is before this Court.

4. The petitioner's representation has not been disposed so far by the respondents. So long as the petitioner's husband was alive, he did not make any representation seeking regularisation on par with his juniors. However, the respondents shall consider the representation of the petitioner on merits and in accordance with law and pass appropriate orders.

5. In view of the above stated reasons, this Writ Petition is disposed and the respondents are directed to consider the representation Page No.3 of 4

R.N.MANJULA , J.

gsk of the petitioner and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. No costs. 23.01.2024 Index : Yes/ No Internet : Yes/No Speaking / Non-Speaking gsk To 1.The Secretary to Government, Forest and Environment Department, Fort St. George, Chennai 9.

2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 15.

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