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Madras High CourtWP/30339/2019disposed of

K.R.Ravanaiya v. The State Tamil Nadu

2019-10-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 30339 of 2019 K. R. Ravanaiya ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary to Government, Environment and Forest Department, Fort.St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest and Head of Forest Force, Panagal Bulding, Saidapet, Chennai - 15.

3. The District Forest Officer, Thiruvallur Division, Thiruvallur.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to regularize Petitioner's service in the Supernumerary post of Plot Watcher as per G.O.Ms.No.202, Environment and Forest (FR-2) Department, dated 18.12.2013, G.O.(2pa)No.13, Environment and Forest Department, dated 26.03.2018 and in the light of the recommendation made by the Third Respondent in Na.Ka.No.5607/2015/pa2 dated 05.02.2019 with all consequential benefits.

For Petitioner : Ms. K. Jenitha For Respondents : Mr. M. Elumalai Government Advocate

O R D E R

The Petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the Respondents to regularize Petitioner's service in the Supernumerary post of Plot Watcher

as per G.O.Ms.No.202, Environment and Forest (FR-2) Department, dated 18.12.2013, G.O.(2pa)No.13, Environment and Forest Department, dated 26.03.2018 and in the light of the recommendation made by the Third Respondent in Na.Ka.No.5607/2015/pa2 dated 05.02.2019 with all consequential benefits.

2. Heard the learned counsel appearing for the Petitioner and the learned Government Advocate appearing for the Respondents.

3. The case of the Petitioner is that, the Petitioner is working as Plot Watcher in the Thiruvallur Division and his initial appointment was in January 1997. The First Respondent has issued G.O.Ms.No.202, E & F Dept., dated 18.12.2013 and G.O.Ms.(2pa).No.13, Environment and Forest(Forest 2-II) Department, dated 26.03.2018 for regularization of service of those who have completed 10 years of service. At the time of issuing the G.O.13, the Petitioner completed 10 years of service. The District Forest Officer, Thiruvallur has made a recommendation by his proceedings in Na.Ka.No.2268/2013/pa dated 06.06.2015 has sent the service particulars of the Petitioner to the Third Respondent to regularize his service. Though his name was recommended for service regularization in the year 2015, Petitioner's service was not regularized as per G.O.Ms.No.

13, dated 26.03.2018. Thereafter the Third Respondent by his proceedings in Na.Ka.No.5607/2015/pa2 dated 05.02.2019 has recommended the Petitioner along with four other persons to the Second Respondent to regularize their services. On 25.06.2019 again the Third Respondent sent another proceeding to regularize their service. But still it is pending before the Second Respondent.

In this regard, the Petitioner made a representation on 09.09.2019 to the Respondents and as there is no response forthcoming from the Respondents, the Petitioner is before this Court and hence this writ petition.

4. The learned counsel appearing for the Petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Respondents to consider the Petitioner's representation dated 05.02.2019 and to pass appropriate orders.

5. Considering the limited request made by the learned counsel appearing for the Petitioner, I am inclined to issue direction to the Respondents to consider the Petitioner's representation dated 05.02.2019, 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. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort.St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest and Head of Forest Force, Panagal Bulding, Saidapet, Chennai - 15.

3. The District Forest Officer, Thiruvallur Division, Thiruvallur.

+1 cc to M/s.K.Jenitha,Advocate Sr.No. 89096 +1 cc to The Special Government Pleader (Forest) Sr.No. 89156 AKM/06.12.19/3P-6C / W.P. No. 30339 of 2019