D.Mani v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.D.Mani 2.C.Dhanraj 3.L.Subramani 4.S.Santhakumar 5.G.Moorthy 6.P.Varadarajapani 7.S.Purushotham ... Petitioners Vs.
1.Government of Tamil Nadu, Rep. by its Principal Secretary to Government Environment and Forest Department, Fort St. George, Chennai - 600009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force) Velachery Main Road, Guindy, Chennai - 600032.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the notional promotion to the petitioner as Forest Guard on part with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 for purpose of getting enhanced pension (Petitioner service was regularised on part with junior's only now) and in the light of order passed by this High Court in W.P.No.15726 of 2016 dated 28.04.2016 by considering the representation dated 05.02.2025 and order in W.P.No.1229 of 2024 with dated 23.01.2024 in time limit to be stipulated by this Court.
For Petitioners : Ms.S.Mani For Respondents : Mr.C.Selvaraj Additional Government Pleader
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a 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 for the purpose of getting enhanced pension (Petitioner service was regularised on 2/6
par with junior's only now) and in the light of order passed by this High Court in W.P.No.15726 of 2016 dated 28.04.2016 by considering the representation dated 05.02.2025 and order in W.P.No.1229 of 2024, dated 23.01.2024 in time limit to be stipulated by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioners would submit that the petitioners were originally appointed as Plot Watcher on daily wage basis on 01.09.1984 in the Respondents-Forest Department and they were regularised in the cadre of Forest Watcher, after rendering 28 years of service. The learned counsel for the petitioners would submit that the petitioners are entitled for a promotion on par with their juniors, whereas before that they retired on attaining the age of superannuation. Hence, they have sent a representation to the respondents on 05.02.2025 to consider them for the notional promotion for getting the enhanced revised pension and such representation dated 05.02.2025 is pending with the respondents. 3/6
5. Per contra, the learned Additional Government Pleader appearing for the respondents would strongly object the contention of the petitioners and would contend that there is a delay on the part of the petitioners. However, he would fairly submit that they would consider the petitioners' representation in accordance with law, within a reasonable time.
6. 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 petitioner's representation dated 05.02.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs. 02.07.2025 (2/2) Index : Yes/No Speaking order dm 4/6
To 1.The Principal Secretary to Government Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai - 600009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force) Velachery Main Road, Guindy, Chennai - 600032.
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C.KUMARAPPAN, J.
dm 02.07.2025 (2/2) 6/6