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Madras High CourtWP/32976/2025disposed of

G.Sekar v. The State Of Tamil Nadu

2025-09-01Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA G.Sekar Petitioner(s) Vs

1. The State Of Tamil Nadu Rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George Chennai -9 2.The Principal Chief Conservator of Forests, & Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai 600 032 Respondent(s) PRAYER direction to the respondents to consider the petitioner's claim in re6spect of notional promotion in the post of Forester on par with his juniors by including in the panel for the post of Forester for the year 2011- 2012 without insisting for completion of Vaigai Dam Training within specified period on 15.08.2016 in the

light of the order passed by this Hon'ble Court in WP No.40881 of 2016 dated 22.11.2016 same was affirmed by the Division Bench in WA No.2682 of 2019 dated and same was confirmed by the Supreme Court SLP (Civil) Diary No. (S) 27674 of 2022 dated 26.09.2022 and order in the light of the order in WP No.7506 of 2025 dated 28.04.2025 with all consequential service and monetary benefits.

For Petitioner(s):

Ms.K.Jenitha For Respondent:

Mr.C.Selvaraj, AGP

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This petition has been filed seeking direction to the respondents to consider the petitioner's claim in respect of notional promotion to the post of Forester on par with his juniors.

3. It is the case of the petitioner that he was initially appointed as Plot Watcher on daily wage basis on 01.02.1981. The petitioner's service came to be regularised in the post of Forest Watchers on 21.05.2008 after rendering about 24 years of service on daily wage basis. In the above circumstances, he approached this Court by filing Writ Petition seeking for appointment as Forest

Watcher on par with his junior with effect from 24.01.1995. The said Writ petition was allowed and in compliance of the order, the first respondent passed orders. But the respondents failed to consider that the petitioner's junior got their subsequent promotions upto the post of Forester. Once the petitioner's service was regularised with effect from 24.01.1995 as Forest Watcher, he is entitled to get the benefit of next promotions like Forest Guard and Foresters on par with his juniors notionally. But they failed to do so. Hence, the petitioner again approached this Court by filing a Writ Petition for notional promotion as Forest Guard on par with his juniors with effect from 31.05.2004. The above writ petition was allowed and the first respondent implemented the order of this Court.

But again the respondents failed to consider the notional promotion of Forester in which the juniors were given promotion upto the post of Forester. In view of the juniors promotions up to the post of Forester, the petitioner is entitled for notional promotion to the next avenue of promotion to the post of Forester also with effect from 18.03.2013. Therefore, the petitioner sent a representation dated 07.05.2024 and the same has not been considered yet. Hence, the present Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that the respondents will consider the representation of the petitioners in accordance with law.

5. Considering the above submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioners dated 07.05.2024 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of. No costs. 01-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Of Tamil Nadu Rep. By Its Additional Chief Secretary To Government, Environment Climate Change And Forest Department, Fort St. George Chennai 09 2.The Principal Chief Conservator Of Forest And Head Of Forest Force, Forest Headquarters, Velachery Main Road, Guindy Chennai 32

A.D.JAGADISH CHANDIRA J.

pvs 01-09-2025