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Madras High CourtWP/8062/2016disposed of

S.M.Sasikumar, v. The Secretary To

2016-09-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2016

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.8062 of 2016 and WMP.Nos.7176 and 7177 of 2016 S.M.Sasikumar ..

Petitioner vs.

1.The Secretary to Government of Tamil Nadu, Forest Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forest, Teynampet, Chennai.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to treat the Foresters of direct recuitees on par with promotees for the purpose of promotion to the post of Forest Rangers by framing inter-se seniority list and panel for promotions to the post of Forest Rangers. For Petitioner :

Ms.T.A.Ananthi For Respondents :

Mr.M.K.Subramanian, Special Government Pleader (Forests)

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus directing the respondents to treat the Foresters of direct recuitees on par with promotees for the purpose of promotion to the post of Forest Rangers by framing inter-se seniority list and panel for promotions to the post of Forest Rangers.

2. The petitioner has passed B.A. and was directly recruited and selected as Forester and joined the service on 19.02.2011. The petitioner would submit that for promotion to the post of Forest Ranger, it is required to complete 5 years of service as Forester and the petitioner is fully eligible and entitled to get promoted and the Forester post being feeder category, there should be inter se seniority among the promoted Forester and directly recruited Foresters. But, till date, no such seniority list for the years 2014-15 and 2015-16 is published. However, in the absence of seniority list, the https://hcservices.ecourts.gov.in/hcservices/

second respondent called for list of qualified Foresters as on 15.08.2015 fit for promotions as Forest Range Officer for the year 2015-16. It is the contention of the petitioner that without producing the formal seniority list, panel cannot be drawn and hence, the petitioner came forward with this writ petition.

3. When the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that though the petitioner has prayed for larger relief, it would be suffice to direct the respondents to consider the petitioners representation dated 29.01.2016 and 29.02.2016.

4. In view of the same, this Court permits the petitioner to submit a fresh copy of the representations dated 29.01.2016 and 29.02.2016 along with a copy of this order to the respondents, who on receipt of the same is directed to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing anything on merits and it is for the respondents to deal with the merits. No costs. Consequently, connected miscellaneous petitions are closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar jvm To 1.The Secretary to Government of Tamil Nadu, Forest Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forest, Teynampet, Chennai.

+1 cc to Mrs.T.Ananth Advocate sr 53682 W.P.No.8062 of 2016 aa21/10/2016 https://hcservices.ecourts.gov.in/hcservices/