R.Kumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Kumar S/o.Raman
...Petitioner
Vs 1.
The State of Tamil Nadu Rep. by Additional Chief Secretary to Government Environment and Forest Department Secretariat, Fort St.George Chennai-9.
2.
The Principal Chief Conservator of Forests (Head of Forest Force) Guindy - Velacherry Main Road Kannigapuram Check Post, Guindy Chennai-32.
3.
The Chief Wildlife Warden Panagal Building Saidapet, Chennai-15.
4.
The Conservator of Forest and Field Director Kalakad Mundandurai Tiger Reserve Tirunelveli.
5.
The Deputy Director Wildlife Warden Project Tiger, Mukkudal Road Ambasamudram - 627 401.
...Respondents
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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue suitable clarification as sought for by the 5th respondent in C.No.E3/212/2023 dated 01.03.2023 with regard to the appointment of the petitioner to the post of Anti-Poaching Watcher, Ambasamudram in the Special Time Scale of Pay with all attendant benefits as per G.O.Ms.No.237 dated 30.12.2022, Environment, Climate and Forests (FR2-II) Department and in the light of Rule 2-A of the Tamil Nadu Forest Sub-ordinate Service Rules and order dated 05.04.2018 passed by this Court in W.A.Nos.354 and 355 of 2016.
For Petitioner :
Mr.R.Chandra Sudan For Respondent :
Mrs.V.Yamuna Devi Special Government Pleader
O R D E R
This writ petition has been filed seeking for issuance of a Mandamus directing the 2nd respondent to issue suitable clarification as sought for by the 5th respondent in C.No.E3/212/2023 dated 01.03.2023 with regard to the appointment of the petitioner to the post of AntiPoaching Watcher, Ambasamudram in the Special Time Scale of Pay with all attendant benefits as per G.O.Ms.No.237 dated 30.12.2022, 2/6
Environment, Climate and Forests (FR2-II) Department and in the light of Rule 2-A of the Tamil Nadu Forest Sub-ordinate Service Rules and order dated 05.04.2018 passed by this Court in W.A.Nos.354 and 355 of 2016.
2. The petitioner herein has given a representation to the fifth respondent on 13.09.2023, seeking to appoint him to the post of AntiPoaching Watcher, Ambasamudram in the special time scale of pay with all attendant benefits. Since the said representation has not been considered till date, the present Writ Petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction 3/6
to the respondents herein, to consider the petitioner's representation dated 13.09.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
14.12.2023 Index:Yes/No Speaking order/Non-speaking order mk 4/6
To 1.
The State of Tamil Nadu Rep. by Additional Chief Secretary to Government Environment and Forest Department Secretariat, Fort St.George Chennai-9.
2.
The Principal Chief Conservator of Forests (Head of Forest Force) Guindy - Velacherry Main Road Kannigapuram Check Post, Guindy Chennai-32.
3.
The Chief Wildlife Warden Panagal Building Saidapet, Chennai-15.
4.
The Conservator of Forest and Field Director Kalakad Mundandurai Tiger Reserve Tirunelveli.
5.
The Deputy Director Wildlife Warden Project Tiger, Mukkudal Road Ambasamudram - 627 401.
M.S.RAMESH,J.
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mk 14.12.2023 6/6