P.Elumalai, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.39638 of 2016 P.Elumalai ... 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 09.03.2006 based on the representation of the petitioner dated 03.10.2016 and to confer all consequential benefits.
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.N.Inbanathan Government Advocate (Forests)
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 09.03.2006 based on the representation of the petitioner dated 03.10.2016 and to confer all consequential benefits. 3.The petitioner would state that he was appointed as Plot Watcher/ Garden Watcher in the respondent department on 09.03.2006, on daily wage basis and though he has put in more than ten years of service without any break, he has not been brought into regular time scale of pay and was not given promotion to the next post of Forest Watcher. 4.
The petitioner would further state that he has completed more than 240 days of service during 2012 - 2013 and his service has been approved and upheld by the authorities and hence, he made representation dated 03.10.2016 to the respondents seeking regularization of service and further promotion. But the same has not been considered so far. Hence, this petition. 5.Heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate (Forests) who take notice for the respondents.
6.Considering the submissions made on either side and without going into the merits of the case, this Court directs the respondents to consider the representation of the petitioner dated 03.10.2016, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar 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.
+1 cc to Mr.C.Prabakaran,advocate,sr.65595 +1 cc to Govt.Pleader,sr.65213.
pvs(co) krd 8/12 W.P.No.39638 of 2016