V.Palaniyandi v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32897 of 2019 and W.MP.No.33326 of 2019 1 V.PALANIYANDI 2 P.M.SELVAM ...
Petitioners Vs 1 Government of Tamil Nadu Rep by its Secretary, Environment and Forest Department, Fort.St.George, Chennai-9.
2 The Principal Chief Conservator of Forest Office at Panagal Maligai Saidapet, Chennai-15.
...
Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, directing the Respondents to appoint the Petitioners as regular time scale Forest Watchers taking into Account of their seniority and qualification on par with their Juniors with effect from 24.1.95 in the Light of the orders passed in WP.NO 15561/2006 DATED 10.3.2008 WA.NO 690/2008 dated 13.10.2009 WP.NO 23374/2008 Dated 30.10.2009 WA.NO 607/2010 dated 29.3.2010 and Proceedings of the Second Respondent dated 7.1.2011 and confer all consequential benefits. For Petitioner : Mr. Chellapanian, SC for Mr.S.Mani For Respondents : Mr.M.Elumalai, GA
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The case of the petitioners is that the petitioners were appointed on daily wage basis in the Forest Department as Plot
Watchers / Social Forestry Worker. The above said post is a non-cadre post in which more than 3000 persons have been appointed throughout the State, during the relevant period. Though they were appointed in the year 1986, thereafter in the year 2003 to 2012 they were brought into time scale of pay in the cadre post of Forest Watcher and rendered service for more than two decades. Similarly situated persons already filed W.P.Nos.15561 of 2006 and 23374 of 2008, which were allowed on 31.10.2009. Aggrieved by the said order, the State preferred appeal and the same were dismissed in W.A.Nos.690 of 2008 and 607 of 2010 on 29.03.2010. Therefore in order to avail such benefit, the petitioners made representation on 30.09.2019 for regularization of their services, but till date the same have not been considered. Hence, the petitioners have filed the present petition.
3.Heard both sides.
4.The learned counsel appearing for the petitioners submitted that it would suffice if a direction is issued to the respondents to consider the representations of the petitioners dated 30.09.2019 and pass orders, within a stipulated time fixed by this Court.
5.Though the petitioners have sought for a larger relief, this Court without going into the merits of the case, directs the respondents to consider the representations of the petitioners dated 30.09.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
6.With the above direction, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 The Secretary, Environment and Forest Department, Fort.St.George, Chennai-9.
2 The Principal Chief Conservator of Forest Office at Panagal Maligai Saidapet, Chennai-15.
+1cc to the Government Pleader Sr.97980 +2cc to Mr.S.Mani, Advocate Sr.97877 W.P.No.32897 of 2019 and W.MP.No.33326 of 2019 srg 20/01/2020