A.Mani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.A.Mani 2.M.Mani 3.M.Murugesan 4.G.Chandran 5.V.Balaraman 6.C.Muthu 7.A.Kannan 8.R.Subarayalu 9.G.Narasimhan ... Petitioners
Versus
1.The State of Tamil Nadu, represented by its Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600015 ... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents to appoint the petitioners in the cadre post of Forest Watchers by giving the benefit of relaxation of height rule with effect from the date of their junior's appointment in the post of Forest Watcher on 24.01.1995 by considering the petitioner's representation dated 26.11.2021 in the light of the order passed in WP No.9708 1/4
of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016, W.P.No.15474 of 2021 dated 27.07.2021, G.O.(2D)No.48, Environment, Climate Change and Forests (FR.2-II) Department dated 07.04.2022, G.O.(2D)No.58, Environment, Climate Change and Forests (FR.2-II) Department dated 20.04.2022 and G.O(2D)No.89, Environment, Climate Change and Forests (FR.2-II) Department dated 24.06.2022 with all consequential benefits.
For Petitioners : Ms.K.Jenitha For Respondents : Mr.V.Jeevagiridharan AGP O RDER This writ petition has been filed for a Mandamus seeking for a direction to the respondents to appoint the petitioners in the cadre post of Forest Watchers by giving the benefit of relaxation of height rule with effect from the date of their juniors appointment in the post of Forest Watchers on 24.01.1995 based on the petitioners' representation dated 26.11.2021.
2. Heard Ms.K.Jenitha, learned counsel for the petitioners and Mr.V.Jeevagiridharan, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal. 2/4
3. The petitioners also rely upon the order passed by this Court in WP No.9708 of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil) No.12056 of 2015 dated 05.07.2016, W.P.No.15474 of 2021 dated 27.07.2021, G.O.(2D)No.48, Environment, Climate Change and Forests (FR.2-II) Department dated 07.04.2022, G.O.(2D)No.58, Environment, Climate Change and Forests (FR.2-II) Department dated 20.04.2022 and G.O(2D)No.89, Environment, Climate Change and Forests (FR.2-II) Department dated 24.06.2022 to substantiate their claim. It is for the respondents to consider the same and decide as to whether the orders/Government Orders relied upon by the petitioners are applicable to the case of the petitioners or not.
4. No prejudice would be caused to the respondents if the petitioners representation is considered on merits and in accordance with law within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioners' representation dated 26.11.2021, seeking for their appointment in the cadre post 3/4
ABDUL QUDDHOSE,J.
sr of Forest Watchers by giving the benefit of relaxation of height rule with effect from the date of their juniors appointment in the post of Forest Watchers on 24.01.1995 within a period of twelve weeks from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition is disposed of. No costs.
31.10.2022 2/2 sr Index: Yes/No Speaking Order/Non-Speaking Order To 1.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-600015 4/4