S.Selvam v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.37193 of 2016 S.Selvam ... Petitioner Vs.

1 Government of Tamil Nadu Rep by its Secretary Environment and Forest Department Fort St. George, Chennai - 600 009.

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

3 The District Forest Officer Thiruvallur District, Thiruvallur.

4 The Forest Ranger Gummidipoondi Forest Range, Madherpakkam, Thiruvallur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioner for the post of plot watcher and to fix the time scale of pay taking into account of the seniority and qualification on par with the juniors with effect from 16-06-1993 based on the proposal of the 4th respondent to the 3rd respondent dated 14.02.2015 and to confer all consequential benefits.

For Petitioner : Mr.C.Prabakaran For Respondents: Mr.M.Santhanaraman Additional Government Pleader (F)

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the respondents to regularize the service of the petitioner for the post of plot watcher and to fix the time scale of pay taking into account of the seniority and qualification on par with the juniors with effect from 16-061993 based on the proposal of the 4th respondent to the third respondent dated 14.02.2015 and to confer all consequential benefits.

3.The petitioner was appointed as Plot Watcher/ Garden Watcher in the respondent department on 16.06.1993 on daily wage basis. The petitioner has been engaged as daily wage employee for more than 23 years and he has not been brought into regular time scale of pay and promotion to the next post of Forest Watcher. Hence, the petitioner made representation to the respondents. Considering his request, the then Forest Ranger of Gummidipoondi Forest Range sent communication and recommendation to the third respondent on 14.02.2015 recommending for the petitioner's regularization as well as promotion.

Thereafter, the third respondent sent recommendation to the Regional Forest Officer, Chennai Zone, Chennai informing that there is no litigation pending against the petitioner and thereafter the Regional Forest Officer forwarded the said communication to the second respondent through a communication dated 31.03.2015 made in Na.Ka.No.Pa2/10104/2009. Thereafter, no action was taken and no orders were passed. Hence, this petition. 4.Heard the submissions of the learned counsel appearing for the petitioner and the learned Additional Government Pleader (F) who takes notice for the respondents.

5.Considering the submissions made on either side and without going into the merits of the claim projected by the petitioner, this Court directs the petitioner to give a fresh representation, along with a copy of this order to the second respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the claim of the petitioner, based on the recommendation of the third respondent and the recommendation of the then Forest Ranger of Gummidipoondi Forest Range dated 14.02.2015 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To 1 Government of Tamil Nadu Rep by its Secretary Environment and Forest Department Fort St. George, Chennai - 600 009.

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

3 The District Forest Officer Thiruvallur District, Thiruvallur.

4 The Forest Ranger Gummidipoondi Forest Range, Madherpakkam, Thiruvallur District.

+1cc to Mr.C. Prabakaran, Advocate, S.R.No.61075 +1cc to the Government Pleader, S.R.No.61017 GR(CO) EU(16/11/2016) W.P.No.37193 of 2016