Madras High CourtWP/30562/2025allowed

A. Anandakannan v. The State Of Tamilnadu

2025-08-14Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 30562 of 2025 A.Anandakannan

...Petitioner

Vs.

1.The State of Tamilnadu rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George Chennai 9 2.The Principal Chief Conservator of Forest and Head of Forest Force, Forest Head Quarters, Velachery main road, Guindy Chennai 32 3.The District Forest Officer Villupuram Forest Division, Villupuram.

...Respondents

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Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents to implement the order dated 18.09.2019 passed in Writ Petition No. 18005 of 2019 with respect to the petitioner's claim for compassionate appointment.

For Petitioner :

M/s. K.Jenitha For Respondents :

Mr. C.Selvaraj Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "directing the respondents to implement the order dated 18.09.2019 passed in Writ Petition No. 18005 of 2019 with respect to the petitioner's claim for compassionate appointment.".

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2. It is the case of the petitioner that his father had joined the services as a Plot Watcher on 01.09.1986 in the Social Forestry Division. As per GO.Ms.No.95, Environment and Forest Department dated 07.08.2009 his services was brought in to a regular time scale of pay with effect from 07.08.2009 in supernumerary post.

3. On 08.03.1999 the Forest Department had issued Go.Ms.64, Environment and Forest Department, to prepare a State Wide Seniority List of Plot Watchers / Social Forestry Workers who are employed on daily wages / consolidated pay and the individuals be appointed as Forest Watchers / Malis in the existing and future vacancies according to their seniority by relaxing the recruitment and age rules. The petitioner's father was included as S.No.4829 in this list.

4. Thereafter the petitioner was appointed as Forest Watcher by proceedings dated 03.03.2014 by the District Forest Officer, Nilgiris. While regularising his services a service register was opened for him the petitioner was added as legal heir in the nomination clause. 3/8

Further, the petitioner's father was brought under the contributory pension scheme and a monthly deduction was made from his salary.

5. The petitioner's father passed away on 13.01.2018 leaving behind surviving the petitioner's mother, his sister and three sons including the petitioner. The petitioner is the third son. The petitioner made an application for compassionate appointment on 11.02.2018 within 3 years from the date of death of his father, enclosing all the certificates and no objections from his brothers and sister.

6. The 3rd respondent after verifying the original certificates had returned the originals on 26.02.2018. However, no appointment was given to the petitioner. Therefore, he filed WP.No.18005 of 2019 for a direction to the respondents to consider his claim for compassionate appointment and by order dated 18.09.2019 this Court was pleased to direct the petitioner to furnish documents sought for by the respondents within a period of 2 weeks from the date of receipt of a copy of the order and on receipt of the same the respondents were directed to 4/8

dispose of the representation.

7. Despite handing over the documents there is an inaction on the part of the respondents. Therefore, the petitioner is before this court.

8. Heard the learned counsels on the either side and perused the records.

9. From the fact that the respondents have not processed the representation of the petitioner for compassionate appointment despite orders of this Court in WP.No.18005 of 2019 clearly shows that the respondents are in contempt of the orders of this Court. The petitioner having submitted an application for compassionate appointment within the time with all the documents was entitled to have the same processed.

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10. By delaying consideration of the representation it appears that the respondents are attempting to make the request of the petitioner die a natural death by efflux of time. The authority who is bound to pass orders has failed to discharge his duties.

11. Therefore, this Court issues mandamus directing the respondents to pass orders on the petitioner's representation, in the light of the orders passed in WP.No.18005 of 2019, within a period of 1 month from the date of receipt of a copy of this order. The Writ Petition is allowed. No costs.

14.08.2025 Index : Yes/No Internet : Yes/No kan To 6/8

P.T. ASHA, J 7/8

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