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Madras High CourtWP/22994/2025disposed of

S.Vijaya v. The State Of Tamilnadu

2025-06-26Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN S.Vijaya ... Petitioner Vs.

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

2. The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.08.2024 to appoint the petitioner's husband as Forest Watcher on par with his junior Mr.P.Muniyasamy (SWG.No.5018) with effect from 08.03.1999 for the purpose of getting family pension in the light of G.O.(2D) No.127, Environment, Climate 1/5

Change and Forests(FR-2ii) Department, dated 03.06.2023 with all consequential benefits within time frame.

For Petitioner : Ms.A.Tasmiyah For Respondents : Mr.C.Selvaraj, Additional Government Pleader *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the respondents to consider the petitioner's representation dated 09.08.2024, to appoint the petitioner's husband as Forest Watcher on par with his junior, Mr. P. Muniyasamy (SWG No. 5018), with effect from 08.03.1999, for the purpose of getting family pension in light of G.O. (2D) No. 127, Environment, Climate Change and Forests (FR-2(ii)) Department, dated 03.06.2023, with all consequential benefits, within a time frame.

2. The learned counsel for the petitioner submits that, by virtue of the order of this Court in W.P.Nos.25271 to 25278 of 2014 dated 17.09.2014, the petitioner's husband is entitled for promotion from the date on which his junior was promoted, along with consequential benefits. Subsequently, after 2/5

the demise of the petitioner's husband in 2017, the petitioner filed a Writ Petition in W.P.No.14942 of 2021, claiming fixation of seniority on par with her husband's immediate junior. Though the respondents considered all other representations of the petitioner, they stated that there are no juniors to her husband. It is the submission of the learned counsel for the petitioner that her husband's junior was considered for promotion. Referring to the above factual position, she sent a representation dated 09.08.2024, which is yet to be considered.

3. At this juncture, the learned Additional Government Pleader appearing for the respondents submitted that they would consider the petitioner's representation within a reasonable time.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. In view of the said fair submission made by the learned Additional 3/5

Government Pleader, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 09.08.2024, and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is disposed of with the above observations. No costs.

26.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To

1. The Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort.St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

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C.KUMARAPPAN, J.

kv 26.06.2025 5/5