A.Araichi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33269 of 2019 A.Araichi ..Petitioner vs

1. The State of Tamil Nadu rep. by its Secretary to Government Environment and Forest Department Fort. ST. George, Chennai.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to appoint the petitioner as Forest Watcher with effect from the date of his junior's appointment on 24.01.1995 by considering his representation in the light of the order 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 of 2010 dated 29.03.2010 and first respondent in his G.O.(Ms) No. 08, E & F(FR.2-II) Department dated 21.01.2019 with all consequential benefits. For Petitioners : M/s. K. Jenitha For Respondents :Mr. M. Elumalai, G.A

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to appoint the petitioner as Forest Watcher with effect from the date of his junior's appointment on 24.01.1995 by considering his representation in the light of the order 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 of 2010 dated 29.03.2010 and first respondent in his G.O.(Ms) No. 08, E & F(FR.2-II) Department dated 21.01.2019 with all consequential benefits.

2. Heard both sides and perused the records. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that petitioner has joined in service in the year 1982 as Plot Watcher on daily wages basis. Though the petitioner was selected for appointment to the post of Forest Watcher in the year 1995 itself, due to the conditions imposed in Government Order in G.O.Ms.332 dated 22.12.1994, he was not promoted. Subsequently, vide G.O.Ms.64 dated 08.03.1999, some of the conditions were modified and the petitioner's name was also included in the seniority list and promoted as Forest Watcher in the year 2004. Claiming seniority, the petitioner has made representation dated 11.06.2018 and the same is still pending without consideration. Challenging the same, the present writ petition is filed.

4. Learned counsel appearing for the petitioners submitted that it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 11.06.2018 and pass appropriate orders within the reasonable time.

5. Mr. M.Elumalai, learned Government Advocate submitted that there is no acknowledgment in the representation claimed to have submitted by the petitioner.

6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the first respondent to consider the petitioner's representation dated 11.06.2018 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. Since the petitioners have not submitted the acknowledgment for the said representation, the petitioner is directed to produce a copy of the representation to the respondent along with the copy of this order.

7. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ak

To

1. The Secretary to Government Environment and Forest Department Fort. ST. George, Chennai.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.

+1cc to Mr.K.Jenitha , Advocate SR.No. 99374 +1 cc to Spl Government Pleader Sr.No. 99192 W.P.No.33269 of 2019 A.SK(24/02/2020)