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Madras High CourtWP/33045/2019disposed of

R.Srinivasan v. The Principal Chief Conservator Of Forests,

2019-11-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33045 of 2019 R.Srinivasan .. Petitioner Vs.

1.

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

2.

The Chief Conservator of Forests, Salem Division, Salem.

3.

The District Forest Officer, Social Forestry Division, Salem.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 23.02.2018 and pass orders on the same in the light of Letter Na.Ka.No.S2/16424/2007 dated 02.07.2019 of the 1st respondent in regard to regular Appointment/Promotion as Jeep Driver on par with his Junior as was given to his Junior in Na.Ka.No.S2/16424/2007 dated 15.12.2017.

For Petitioner : Mr.G.Elanchezhiyan For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

The prayer sought for in this Writ Petition is to direct the 1st respondent to consider the petitioner's representation dated 23.02.2018 and pass orders on the same in the light of Letter Na.Ka.No.S2/16424/2007 dated 02.07.2019 of the 1st respondent in regard to regular Appointment/Promotion as Jeep Driver on par with his Junior as was given to his Junior in Na.Ka.No.S2/16424/2007 dated 15.12.2017.

2. The case of the petitioner is that he was initially appointed as Village Social Forestry Worker in the year 1984. The petitioner made a representation to the 1st respondent on 15.09.2008 requesting to appoint him as Driver. On 16.04.2009, the petitioner once again made representation to the 1st respondent requesting to appoint him as Driver. On 20.07.2009, the petitioner was appointed as a Driver. However, on 15.12.2017 one M.Velayutham, junior to the petitioner was given retrospective promotion. On 23.02.2018, the petitioner made a representation to the 1st respondent to fix his seniority on par with the said Velayutham in the post of Driver. However, till date no action was taken. As against the inaction, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner would submit that it would be suffice to issue direction to the 1st respondent to consider and dispose of the petitioner's representation dated 23.02.2018, on merits and in accordance with law.

4. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the 1st respondent to consider and dispose of the representation dated 23.02.2018 within a period of twelve weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kan To 1.

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

2.

The Chief Conservator of Forests, Salem Division, Salem.

3.

The District Forest Officer, Social Forestry Division, Salem.

+1cc to Mr.G.Elanchezhiyan, Advocate, S.R.No.98799 +1cc to the Special Government Pleader, S.R.No.98813 +1cc to the Government Pleader, S.R.No.99401 W.P.No.33045 of 2019 KK(CO) CS/02/01/2020