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Madras High CourtWP/35557/2016disposed of

Mr.C.Govindaraj v. The Principal Chief

2016-10-06Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.35557 of 2016 Mr.C.Govindaraj ... Petitioner Vs.

1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Forest Range Officer, Afforestation Range, Tiruvannamalai.

3.The Forest Range Officer, Sathanur Range, Sathanur Dam.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 29.01.2013 for supernumerary post of plot watcher. For Petitioner : Mr.R.K.Kalpana For respondents : Mr.N.Inbanathan, GA (F) * * * * *

ORDER

This writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 29.01.2013 for supernumerary post of plot watcher.

2.It is stated that the petitioner joined the Forest Department as a Plot Watcher on 01.02.1986 and worked till 1995 continuously in Thiruvannamalai District. After year 1995, he worked as Nursery/Garden Plot Watcher under the control of Forest Range Officer, Sattanur Range, Sattanur, in various projects like TAP, RSVY and FDA for a period of nearly nine years. All the proofs for his service in the respectivedepartment are with the respondents 2 & 3. The petitioner is still working in the respondent-Department with short breaks. The Secretary to Government has passed an order in

G.O.Ms.No.140, dated 31.05.2012 appointing 121 employees of a particular Association. By the said GO, certain employees who are juniors to the petitioner were regularised. But, the petitioner's name was not considered for regularisation by the respondents. The respondents failed to verify the records properly and as such, the petitioner's name was not added in the seniority list as supernumerary post of Plot Watcher. Hence, the petitioner sent a representation dated 29.01.2013 to the respondents to appoint him in a supernumerary post of Plot Watcher as per the G.O.Ms.No.149, dated 31.05.2012. Since the petitioner's representation was not considered by the respondents, the petitioner has come forward with the present writ petition before this Court.

3.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Forest) appearing for the respondents and perused the materials available on record. 4.Considering the limited scope of the prayers sought for by the petitioner in this writ petition, without going into the merits of the claim made by the petitioner, this Court directs the 1st respondent to consider the representation dated 29.01.2013 given by the petitioner and to pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ssv To 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600 015.

2.The Forest Range Officer, Afforestation Range, Tiruvannamalai.

3.The Forest Range Officer, Sathanur Range, Sathanur Dam.

+1 cc to Special Government Pleader sr58096 W.P.No.35557 of 2016 nr(co) aa25/11/2016