N.Rajkumar, v. The Principal Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.7727 & 7728 of 2016 N.Rajkumar ..Petitioner in W.P.No.7727 of 2016 S.Thiruchenduran ..Petitioner in W.P.No.7728 of 2016 -Vs1. The Principal Secretary to the Government Environment and Forest Department, Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of Forests and Head of Forest Force, Panagal Building, Saidapet, Chennai 600 015.
..Respondents in both the W.Ps.
Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records on the files of the first respondent pertaining to its order in letter No.6222/FR2/2014-2 dated 20.05.2014 and the consequential order passed by the second respondent made in Na.Ka.No.AB1/38394/2013 dated 12.11.2014 and to quash the same and consequently direct the respondents to include the petitioners names in the panel of Foresters for the year 2008-09 and fix the seniority above the petitioners juniors and to grant all service and monetary benefits in pursuant to the same. For Petitioners :: Mrs.Selvi George For Respondents :: Mr.N.Inbanathan Government Advocate (Forests)
ORDER
The common prayer of the petitioners in these writ petitions is for issuance of a writ of certiorari, to call for the records on the file of the first respondent pertaining to his order in letter No.6222/FR2/2014-2 dated 20.05.2014 and the consequential order passed by the second respondent in Na.Ka.No.AB1/38394/2013 dated 12.11.2014, quash the same with a consequential direction to the respondents to include the petitioners' names in the panel of Foresters for the year 2008-09 and fix their seniority https://hcservices.ecourts.gov.in/hcservices/
over and above their juniors and to grant all the service and monetary benefits.
2. Heard the learned counsel for the petitioners. Mr.N.Inbanathan, learned Government Advocate takes notice on behalf of the respondents.
3. The counter affidavit filed by the Principal Chief Conservator of Forests, Chennai in Writ Petition No.11801 of 2009 shows that the names of the petitioners, namely, Mr.N.Rajkumar and Mr.S.Thiruchenduran were recommended for the post of Forester. However, another document produced by the learned counsel for the petitioners shows that from 2007-2008, 2008-2009 & 2009-2010, the Head of the Department has not included any of the employees from the Tamil Nadu Ministerial Service. In view of the same, this Court, instead of keeping the matters pending, hereby directs the respondents to consider the pending representations of the petitioners dated 18.2.2015 on merit and pass appropriate orders, in the light of the proceedings dated 25.10.2013 issued by the first respondent in Letter No.16756/Forest-2/2013-2, within a period of eight weeks from the date of receipt of a copy of this order. The writ petitions are disposed of accordingly. Consequently, W.M.P.Nos.6927 to 6930 of 2016 are closed. No costs. ss Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To
1. The Principal Secretary to the Government Environment and Forest Department, Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of Forests and Head of Forest Force, Panagal Building, Saidapet, Chennai 600 015.
+ 2 ccs to Mrs.Selvi George, Advocate Sr 15228 & 15229 + 1 cc to Spl.Govt.Pleader, (Forest) Sr 15119 KR/12/4/16 W.P.Nos.7727 & 7728 of 2016 https://hcservices.ecourts.gov.in/hcservices/