K.Chinnapaiyan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos. 25798 & 25802 of 2019 K.Chinnapaiyan S/o.Krishnamoorthy Driver to the Deputy Conservator of Forests (Budgeting), O/o. The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building, Chennai 600 015.

..Petitioner in W.P.No. 25798 of 2019 B.Rajan ..Petitioner in W.P.No. 25802 of 2019 Vs

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Department of Environment & Forests, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests & Head of Forest Force, Panagal Building, Saidapet, Chennai 600 015.

Respondents 1&2 in both Writ petitions

3. The Deputy Conservator of Forests, (Budgeting) O/o. The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building Chennai 600 015.

..3rd Respondent in W.P.No. 25798 of 2019

4. The Wildlife Warden, Guindy Children's Park, Chennai. ..3rd Respondent in W.P.No. 25802 of 2019

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the 1st respondent to consider and pass orders on the proposals submitted by the 2nd respondent in proceedings Ref No. S1/20972/2014 dated 27.01.2016, for regularization of the services of the petitioner, in the light of the G.O.Ms.No.3 Environment and Forests (FR.2.II) Department Dated 11.01.2019 & in the light of G.O.Ms.No.48 Environment & Forests (F.R.-2-II) Department dated 27.05.2019 within a stipulated period of time. For Petitioners : Mr.R.Prem Narayan (in both Writ petitions) For Respondents : Mr.M.Elumalai Government Advocate.

(in both Writ petitions) C O M M O N O R D E R Since the prayers in the above Writ Petitions are one and the same, they are clubbed together and a common order is passed.

2. The case of the petitioners is that the petitioners were appointed as Drivers in the Tamil Nadu Forest Department and continuing as such till date. They have completed more than 10 years of service and entitled for regularization of their service. The 2nd respondent had forwarded a proposal to the 1st respondent for regularization of the services of the petitioners and other similarly placed persons. But the 1st respondent has not passed any orders on the said proposal. Hence the present writ petition.

3. The learned counsel for the petitioners would submit that it would be suffice, if this Court issues a direction to the 2nd respondent to consider their representations dated 18.02.2019 within a stipulated time frame fixed by this Court.

4. The learned counsel appearing for the respondents conceded to the requests made by the petitioners.

5. Considering the submissions made by the learned counsel for both sides and without expressing any opinion on merits, I am inclined to issue a direction to the 1st respondent to dispose of the Writ Petitioners' representations dated 18.02.2019 within

a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kmm To

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Department of Environment & Forests, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests & Head of Forest Force, Panagal Building, Saidapet, Chennai 600 015.

3. The Deputy Conservator of Forests, (Budgeting) O/o. The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building Chennai 600 015.

4. The Wildlife Warden, Guindy Children's Park, Chennai.

+2cc to Mr.R.Prem Narayan, Advocate SR.76428,76429 +1cc to the Spl Government Pleader(Forest).76635,76968 W.P.Nos. 25798 & 25802 of 2019 (CO) CB(20/11/2019)