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Madras High CourtWP/43761/2016disposed of

M.Arumugam, v. The Principal Chief

2016-12-20Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43761 of 2016 M.Arumugam ... Petitioner Vs.

The Principal Chief Conservator of Forests (Head of Forest Force), Panagal Building, Saidapet, Chennai - 600 015.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the respondent to consider the representation submitted by the petitioner dated 04.11.2016 and to pass orders for inclusion of the name of the petitioner in the panel for the year 20162017 and to promote the petitioner to the post of Forest Range Officer by taking into consideration of 11 years service in the post of Forester, with all consequential and other attendant benefits within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran For Respondent : Mr.N.Inbanathan, Government Advocate (Forest) -----

O R D E R

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

2. The petitioner was initially appointed as a Forest Guard on 29.10.2000 by way of Direct Recruitment through Employment Exchange and he was allotted to Special Task Force (STF) to apprehend the Forest Brigand-Veerapan and after his elimination, he was given step up promotion, vide proceedings of the respondent dated 29.10.2004. Accordingly, he was promoted in the post of Forester, vide proceedings of the respondent dated 05.01.2005. The said order also makes it clear that the Forest Guard promoted as Forester, will take their seniority below to the Junior most Forest Guard fit for promotion as Forester in regular panel in the year 2004-05. Accordingly, the petitioner's name was included in the regular panel for the year 2004-05 and seniority has been fixed in the

post of Forester from the date of promotion. The petitioner would further state that the next avenue of promotion is to the post of Forest Range Officer and as per Service Rules, one should complete 8 years of service as Forester to become eligible for promotion and since the petitioner claims that he had completed 8 years of service as on 23.01.2013, he is eligible for promotion to the said post. However, the respondent had though fit to relax the rules relating to experience from 8 years to 6 years and issued promotion orders to number of juniors and therefore, he filed W.P.No.5632 of 2016, challenging the said proceedings of the respondent dated 05.03.2015 and notices have been ordered and the same is pending.

3. Mr.G.Sankaran, learned counsel appearing for the petitioner would submit that the respondent have taken steps to draw panel for promotion to the post of Forest Range Officer for the year 2014-15 and though the petitioner has completed more than 11 years of service in the post of Forester, his claim has not been considered and in this regard, has also submitted a representation dated 04.11.2016 to the respondent and it would be suffice to direct the respondent to consider the said representation in accordance with law.

4. Heard the submission of Mr.N.Inbanathan, learned Additional Government Advocate (Forest), who accepts notice on behalf of the respondent.

5. This Court taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the respondent to consider and dispose of the petitioner's representation dated 04.11.2016 in accordance with law, after putting on notice the persons concerned and pass orders within in a period of 10 weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner and also to the persons concerned.

6. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar

To The Principal Chief Conservator of Forests (Head of Forest Force), Panagal Building, Saidapet, Chennai - 600 015.

+1 cc to Mr.G.Sankaran,advocate,sr.74515 +1 cc to Govt.Pleader,sr.74682.

sk(co) krd 18/1 Writ Petition No.43761 of 2016