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Madras High CourtWP/8804/2016dismissed

V.Saravana Kumar v. The Secretary To Government

2016-03-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8804 of 2016

01. V.Saravanakumar

02. L.Kamalasanan

03. Y.Saravanan

04. T.Kalaiyarasan

05. J.Vijayasarathy

06. K.Rajesh

07. M.Suresh Kumar

08. C.Sivakumar

09. P.Senthil

10. S.Nagarajan

11. R.Umapathy

12. M.Mohankumar

13. N.Ramu

14. A.Vijayakumar

15. V.Rajagopalan

16. D.Senthilkumar

17. V.Suresh Babu

18. S.Veeramani

19. S.M.Baskar

20. P.Arunkumar

21. S.Rajesh

22. M.Ramadass

23. K.Dhanasekaran ..

Petitioners -vs1. 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

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to treat the petitioners who are Foresters of direct recruitees on par with promotees for the purpose of promotion to the post of Forest Ranger by framing inter-se seniority list and panel for promotions to the post of Forest Ranger. For Petitioners ::

Ms.T.Aananthi For Respondents ::

Mr.N.Inbanathan Government Advocate (Forests)

ORDER

The petitioners have come to this Court seeking for issuance of a writ of mandamus, directing the respondents to treat the petitioners who are Foresters of direct recruitees on par with promotees for the purpose of promotion to the post of Forest Ranger by framing inter-se seniority list and panel for promotion to the post of Forest Ranger.

2. All the petitioners are directly recruited Foresters and they had joined the service on various dates between 4.10.2010 and 20.3.2011 respectively. The next avenue of promotion is to the post of Forest Ranger, for which they are supposed to complete five years of service in the post of Forester. The learned counsel for the petitioners submitted that all the petitioners, from the respective date of joining the post of Forester, have completed five years of service and therefore they are eligible to be promoted to the post of Forest Ranger, as per the proceedings passed by the second respondent dated 2.2.2016.

3. But a mere perusal of the proceeding dated 2.2.2016 clearly shows that a direction has been given to prepare the panel of Foresters fit for promotion as Forest Range Officer for the year 2015-16 by making it clear that the Foresters should have completed five years of service as Forester as on 15.8.2015. Since all the petitioners had joined the service as Foresters on various dates between 4.10.2010 and 20.3.2011, they have not fulfilled the mandatory requirement. When the petitioners have not completed five years of service as Forester as on 15.8.2015, their prayer cannot be granted. Accordingly, the writ petition fails and it is dismissed. Consequently,

W.M.P.Nos.7821 & 7901 of 2016 are also dismissed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ss To

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

2. The Principal Chief Conservator of Forests Teynampet Chennai +1 cc to Special Government Pleader (Forest) sr.15558/16 W.P.No.8804 of 2016 aa23/03/2016