R.Deenadayalan, v. Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18266 of 2007 (O.A.No.1219 of 2004) R.Deenadayalan

...Petitioner

-vs1. Government of Tamil Nadu rep.by its Secretary Forest Department Fort St.George Chennai-9

2. Secretary Tamil Nadu Public Service Commission Chennai-2

3. Principal Chief Conservator of Forests No.1, Jennis Road Saidapet Chennai-15

...Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, to declare that Rule 8(A) of Tamil Nadu Forest Subordinate Service Rules is applicable only in respect of promotives as Rangers from Foresters and not in respect of Forest Apprentices directly recruited by the second respondent and consequently to direct the respondents to follow the seniority list of Forest Apprentices in Tamil Nadu Forest Subordinate Service published by the second respondent in Tamil Nadu Public Service Commission Bulletin dated 16.2.1982 and to include the name of the petitioner, if he is otherwise qualified, in the appropriate place in the list of eligible Rangers to be promoted as Assistant Conservator of Forests as on 15.08.2002 for the year 2002-2003.

For Petitioner :

Mr.A.Immanuel For Respondents :

Mr.N.Inbanathan Government Advocate (Forests) for R1 & R3 Mr.M.Devendran for R2

ORDER

The petitioner went before the Tamil Nadu Administrative Tribunal in O.A.No.1219 of 2004 seeking a direction to the respondents to include his name in the panel of the year 2002-03 in the post of Ranger fit for promotion to the post of Assistant Conservator of Forest. After the abolition of the Tribunal, the matter was transferred and renumbered as the present writ petition.

2. When the matter was taken up, learned counsel for the petitioner fairly submitted that during the pendency of the matter, the petitioner, after his retirement in the year 2010, unfortunately, passed away. Therefore, he sought for permission to bring on record the legal representatives of the deceased petitioner.

3. This Court is not inclined to accept the request made by the learned counsel. As the petitioner, on reaching the age of superannuation, retired from service in the year 2010, this writ petition is dismissed as abated.

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

1. The Secretary to Government Forest Department Fort St.George Chennai 600 009

2. The Secretary Tamil Nadu Public Service Commission Chennai 600 002

3. The Principal Chief Conservator of Forests No.1, Jennis Road Saidapet Chennai 600 015 1 CC to Mr.A.Immanuel, Advocate SR.No. 14165 1 CC to the Spl. Government Pleader, SR.No. 14165 W.P.No.18266 of 2007 (O.A.No.1219 of 2004) SAI (CO) PSI (27.03.2015)