M.Ganesan v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Ganesan ... Petitioner Vs
1. Government of Tamilnadu, rep. by its Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularise the service of the petitioner as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account his seniority and qualification, on par with his juniors namely last junior one P.Karuppiah, in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No. 23374 of 2008 dated 30.10.2009, W.A.No. 607 0f 2010 dated 29.03.2010 and 1/6
proceedings of the 2nd respondent Ref No.LL1/61824/2008 dated 07.01.2011.
For Petitioner ...
Mr.S.Mani For Respondents ...
Mr.E.Sundaram Government Advocate
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the respondents to regularise the service of the petitioner as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account his seniority and qualification, on par with his juniors with effect from 24.01.1995 based on the representation within a time frame to be fixed by this Court.
2. Mr.E.Sundaram, learned Government Advocate accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal in the admission stage itself.
3. The petitioner relies upon the order passed by this Court in WP No.15561 of 2006 dated 10.03.2008, WA No.690 of 2008 dated 13.10.2009, 2/6
W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and proceedings of the 2nd respondent dated 07.01.2011 and WP No.19020 of 2021 dated 09.09.2021 to substantiate their claim.
4. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law after giving due consideration to the aforementioned orders passed by this Court, which the petitioner relies upon. However, since no acknowledgement has been produced by the petitioner for having sent the representation, he will have to send a fresh representation.
5. Heard Mr.S.Mani, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate appearing for the respondents.
6. Learned counsel for the petitioner, on instructions, would now submit that the petitioner is willing to submit a fresh representation. 3/6
7. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation, seeking for regularisation of his service as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account his seniority and qualification on par with their juniors with effect from 24.01.1995 within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the first respondent shall pass final orders on merits and in accordance with law within a period of twelve weeks thereafter after giving due consideration to the orders passed by this Court, referred to supra. It is for the respondents to decide as to whether those orders are applicable to the case of the petitioner are not.
8. With the aforesaid direction, the writ petition is disposed of. No costs.
12.12.2022 Index: Yes/ No Speaking Order/Non-speaking Order sr 4/6
To
1. The Secretary to Government, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidpet, Chennai - 600 015.
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ABDUL QUDDHOSE, J.
sr 12.12.2022 6/6