Parasuramamoorthy.S v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32692 of 2016 and W.M.P.Nos.28327 & 28328 of 2016 1.Parasuramamoorthy.S.
2.Anbalagan.M.
3.Anbu.P.V.
4.Chendurasundaresan.S.
5.Cholarajan.K.R.
6.Dhanabalan.C.
7.Dhixya Deve.K.R.
8.Ganesan.K.C.
9.Dr.Gnanasekar.S.Ph.D.
10.Gunasekaran.S.
11.Iqbal.B.
12.Karthikraja.S.
13.Krishnamoorthy.L.
14.Krishnasamy.M.
15.Kulasekar.C.
16.Madheswaran.M.
17.Mahes.S.
18.Manikandan.S.
19.Mariappan.N.
20.Murugan.K.
21.Murugesan.D.
22.Ponnusamy.N.
23.Uma.B 24.Dr.Umadevi.M.Ph.D.
25.Vasanth Baskar.G.
26.Veeramani.R.
27.Velusamy.M.
28.Vimal Kumar.S.
29.Pugalenthi.V.
30.Rajalingam,V.
31.Saravanan.A.
32.Saravanan.V.
33.Sikkandar Batcha,S.
34.Subramanian,C.
... Petitioners Vs.
1. The Principal Secretary to Govt., Environment and Forests Department, Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forest, Panagal Maaligai, Saidapet, Chennai-600 015
3. The Chairman, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-3.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to consider the petitioners' representations dated 14.7.2016 to include their names in the panel for the promotion to the post of Assistant Conservator of Forests for the year 2015-2016, as per Rule 2(14) of the Tamil Nadu Subordinate Service Rules.
For Petitioner : Mr.N.Manokaran For Respondents : Mr.N.Inbanathan, Government Advocate for R1 and R2
ORDER
The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider their representations dated 14.7.2016 to include their names in the panel for the promotion to the post of Assistant Conservator of Forests for the year 2015-2016, as per Rule 2(14) of the Tamil Nadu Subordinate Service Rules.
2. I have heard the learned counsel appearing for the petitioners and the learned Government Advocate, who has taken notice on behalf of the respondents 1 and 2. In view of the limited order to be passed hereunder, I am not ordering notice to the third respondent.
3. Though very many contentions have been raised in the affidavit filed in support of the petition, since the scope of the prayer is very limited i.e., seeking a direction to the
respondents to consider the petitioners' representations dated 14.7.2016 to include their names in the panel for the promotion to the post of Assistant Conservator of Forests for the year 2015-2016, as per Rule 2(14) of the Tamil Nadu Subordinate Service Rules, I am of the opinion, it is not necessary for this Court to traverse the entire averments made in the affidavit filed in support of the writ petition and it would be appropriate to direct the respondents consider and pass orders on the representations of the petitioners dated 14.7.2016.
4. Accordingly, this Court directs the second respondent to consider the representations of the petitioners dated 14.7.2016 seeking inclusion of their names in the panel for the promotion to the post of Assistant Conservator of Forests for the year 2015-2016, as per Rule 2(14) of the Tamil Nadu Subordinate Service Rules and pass appropriate orders, on merits and in accordance with law and also as per Rule 2(14) of the Tamil Nadu Subordinate Service Rules, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim projected by the petitioners and it is for the second respondent to consider the claim of the petitioners strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sbi To
1. The Principal Secretary to Govt., Environment and Forests Department, Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forest, Panagal Maaligai, Saidapet, Chennai-600 015
3. The Chairman, Tamil Nadu Public Service Commissioner, Frazer Bridge Road, VOC Nagar, Park Town, Chennai-3.
+1cc to Mr.N.Manokaran & R.Renukadevi, Advocate, S.R.No.53554 +1cc to the Special Government Pleader(Forest), S.R.No.53295 W.P.No.32692 of 2016 MV(CO) CA(07/10/2016)