R.Nagavalli v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE R. Nagavalli
...Petitioner
vs.
1. The Government of Tamil Nadu, Represented by Secretary to Government, Environment and Forest Department, Fort. St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forest, Head of the Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Tiruvanamalai District, Tiruvanamalai.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularise the service of petitioners from the date of initial appointment as Forest Watcher / Mali / Night Watchman / Plot Watcher (Supernumerary post) in their respective category for the purpose of getting pension in the light of Hon'ble Supreme Court Judgment delivered in C.A. No. 6798 of 2019, dated 02.09.2019 and confer all consequential pensionary benefits. For petitioner : Ms. T. Dharani 1/5
For respondents : Mr.T. Arunkumar, Addl. Govt. Pleader
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr. T. Arunkumar, learned Additional Government Pleader accepts notice for the respondents.
3. This writ petition has been filed for a Mandamus seeking to regularise the service of the petitioner's husband from the date of his initial appointment as Forest Watcher.
4. According to the petitioner, the services of her husband was regularised only on 18.12.2013. However, his date of appointment was on 01.08.1995, from which date, he ought to have been regularised. Since, her husband died on 14.07.2019, she had earlier given a representation to the respondents requesting for regularisation of her husband with effect from 01.08.1995.
5. It is now brought to the notice of this Court by the learned Additional Government pleader for the respondents that the said 2/5
representation has already been rejected as the petitioner's husband is not eligible to be regularised from 01.08.1995. A copy of the communication received by her on 25.11.2022 from the District Forest Officer has also been placed before this Court with regard to the said rejection.
6. However, the final orders passed by the District Forest Officer has not been produced. Since the petitioner's claim has already been rejected, she will have to challenge the rejection order in the manner known to her under law. However, the respondents will have to send a copy of the order rejecting the petitioner's request to the petitioner to enable her to challenge the same in the manner known to her under law.
7. Accordingly, this writ petition is disposed of, by directing the respondents to send a copy of the final orders passed by the respondents rejecting the petitioner's request for regularisation of her husband's service as Forest Watcher with effect from 01.08.1995, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is granted liberty to challenge the same in the manner known to the petitioner under law.
8. With the aforesaid directions, this writ petition stands disposed of. No costs.
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28.11.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Government of Tamil Nadu, Represented by Secretary to Government, Environment and Forest Department, Fort. St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forest, Head of the Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Tiruvanamalai District, Tiruvanamalai.
ABDUL QUDDHOSE, J.
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