K.R.Cholarajan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.24424 of 2023 and W.M.P.No.23864 of 2023 1.K.R.Cholarajan, Forest Range Officer, Vellore Engineering Range, Harur Division, Dharmapuri District.

2.R.Ravi, Forest Range Officer, Shoolagiri Social Forestry Range, Social Forestry and Extension Division, Krishnagiri District.

3.S.Gunasekaran, Forest Range Officer, Amirthi Forest Range, Vellore Forest Division, Vellore District.

4.L.Krishnamoorthy, Forest Range Officer, Palayam Forest Range, Thiruvannamalai Forest Division, Thiruvannamalai District.

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5.Dr.M.Uma Devi, Forest Range Officer, Coimbatore Research Range, Forest Genetics Division, Coimbatore 641 043.

... Petitioners

Versus

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Environment, Climate Change and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Head of Forest Force, Velacherry Main Road, Guindy, Chennai - 600 032.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue an order, direction or writ, more particularly writ in the nature of Writ of Mandamus directing the respondents to fix the seniority of the petitioners' from the date of their selection in the year 2012 and publish inter-se-seniority list among the Forest Range Officers for the panel of year 2022-2023 so as to enable the petitioners to get promotion as Assistant Conservator of Forest as per the government order dated 05.04.2023 in G.O(2D)No.75 issued by the 1st respondent.

For Petitioners :

Mr.M.R.Jothimanian For Respondents :

Mr.S.Arumugam, Government Advocate Page No.2 of 6

ORDER

This Writ Petition has been filed to direct the respondents to fix the seniority of the petitioners from the date of their selection in the year 2012 and publish inter-se-seniority list among the Forest Range Officers for the panel of the year 2022-2023 so as to enable the petitioners to get promotion as Assistant Conservator of Forest as per the government order, dated 05.04.2023 in G.O(2D)No.75 issued by the 1st respondent. 2.The contention of the petitioners is that the petitioners were appointed as Forest Range Officers on 01.12.2014 by the 2nd respondent and their services have been regularized from the date of appointment on 08.12.2014. While that being so, the seniority has not been considered by the respondents from the date of selection as per the law laid down by the Hon'ble Apex Court. Now, the 1st respondent has issued G.O.

(2D)No.75, dated 05.04.2023 with regard to promotion for the post of Assistant Conservator of Forest and 26 vacancies to be filled up by recruitment by transfer and therefore, it is grievance of the petitioners that they will get an opportunity to get further promotion by counting the seniority from the date of selection.

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3.The learned Government Advocate appearing for the respondents submitted that in order to fix the seniority, the petitioners have given their representation to the respondents and the same will be considered on merits. 4.Considering the limited relief sought for in this Writ petition, the respondents shall consider the representation of the petitioners, dated 07.07.2023 and publish the seniority list for the post of Forest Range Officer for the year 2022-2023, within a period of two months from the date of receipt of a copy of this order. After publishing the entire seniority list, if the petitioners are eligible for promotion, the same shall be considered. 5.With the above direction, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 18.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.4 of 6

To 1.The Principal Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, Head of Forest Force, Velacherry Main Road, Guindy, Chennai - 600 032.

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N.SATHISH KUMAR , J.

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