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Madras High CourtWP/24425/2023disposed of

P.Thirumalai v. The Additional Chief Secretary To Government

2023-08-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos. 23865 & 23866 of 2023 P.Thirumalai ....Petitioner Vs 1.The Additional Chief Secretary to Government, Environment Climatic Change and Forest Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Principal Chief Conservator of Forests, Guindy-Velachery Road, Guindy, Chennai-600 032.

3.The Conservator of Forests, Villupuram Circle, Villupuram.

4.The District Forest Officer, Villupuram Division, Villupuram.

....

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in Reference No.AB1/8844/2023 dated 22.05.2023 and to quash the same and consequently direct the respondents to retain the petitioner in the earlier place of posting at

Villupuram Division.

For Petitioner :

Mr.P.Paramasiva Doss For Respondents :

Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 22.05.2023 in Reference No. AB1/8844/2023 passed by the second respondent, thereby transferred the petitioner to Arasu Rubber Corporation Limited, Nagercoil from Villupuram Division & Circle, Villpuram, on deputation.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The petitioner was initially appointed as Forest Guard in Forest Department on 25.10.2000. Thereafter, he was promoted to the post of Forester on 31.12.2011. Subsequently, he was transferred to Thiruvannamalai South Division, Thiruvannamalai Range on 03.09.2013. Now, by an order dated 22.05.2023, he was transferred to Arasu Rubber Corporation Limited, Nagercoil, on deputation. On the health ground,

the petitioner did not join there and he was on medical leave. For the approval of leave, he was also directed to appear before the Medical Board and so far his medical leave was not considered. However, so far the petitioner did not join there and he also raised a ground that his wife was working in Villupuram and he has children. Now, the petitioner submitted a representation before the first respondent and it is also pending.

4. Considering the above facts and circumstances of the case, the second respondent is directed to consider the representation of the petitioner dated 13.07.2023 and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

21.08.2023 Internet : Yes Index : Yes/No Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Additional Chief Secretary to Government, Environment Climatic Change and Forest Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Principal Chief Conservator of Forests, Guindy-Velachery Road, Guindy, Chennai-600 032.

3.The Conservator of Forests, Villupuram Circle, Villupuram.

4.The District Forest Officer, Villupuram Division, Villupuram.

21.08.2023