N.Palani, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28180 of 2019 N.Palani ... Petitioner Vs.

1.Government of Tamil Nadu, Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai 600 009.

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

3.The Chief Conservator of Forest, Forest Extension Centre, North Division, Chennai 600 100.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to include the petitioner's name in the State Wide Seniority list in the light of G.O.Ms.No.202, Environment and Forest Department, dated 18.12.2013 and G.O.(2PA) No.13, Environment and Forest Department dated 26.03.2018, so as to enable the petitioner to get his service regularized in the time scale of pay as plot watcher (supernumerary) within a time limit that may be stipulated by this Court.

For Petitioner : Mr.Chellapandian for Mr.S.Mani.

For Respondents : Mr.M.Elumalai, Government Advocate.

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner was appointed as Plot Watcher in the Forest Department on daily wage basis on 01.01.2000. However, he has not been regularized till date. While so, the State Government has prepared a State wide Seniority list in which all those who are working on daily wage basis throughout the State were ordered to be included so as to enable them to get their services regularized in a phased manner with reference to their initial date of joining on daily wage basis. In that State wide seniority list, the petitioner's name was not included. The main grievance of the petitioner is the though he has completed 19 years of service, his name was not included in the State wide Seniority List. Unless his name is included in the list, his service will not be regularized. Therefore, he made several representations to respondents 1 and 2 to regularize his services and the last representation being dated 10.03.2019. Since the representations have not been considered, the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner on instructions, submitted that though the petitioner has sought for a larger relief, it would suffice, if a direction is issued to the 2nd respondent to consider the representation of the petitioner dated 10.03.2019 and pass orders within a stipulated time as fixed by this Court.

5.Thus, without going into the merits of the case, this Court is inclined to issue direction to the 2nd respondent to consider the representation of the petitioner dated 10.03.2019 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar rm

To 1.The Secretary, Government of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai 600 009.

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

3.The Chief Conservator of Forest, Forest Extension Centre, North Division, Chennai 600 100.

+1cc to Mr.S.Mani, Advocate SR.No.81683 +1cc to Special Government Pleader SR.No.82017 W.P.No.28180 of 2019 PVS(CO) GMY(05/11/2019)