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Madras High CourtWP/33067/2019disposed of

A.Dhandapani v. Government Of Tamil Nadu,

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.33067 of 2019 A.Dhandapani .. Petitioner Vs.

1.Government of Tamil Nadu, Represented by its Secretary, Environment and Forest Department, Fort St. George, Chennai - 600009.

2.The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600015.

3.The District Forest Officer, Thiruvannamalai South Division, Thiruvannamalai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to include the petitioner's name in the State Wide Seniority list in the light of G.O.Ms.No.202, Environment and Forest Department dated 18.12.2013 so as to enable the petitioner to get his service regularized in the time scale of pay as Plot Watcher (Supernumerary) by consider his representation dated 20.01.2019 within a time limit that may be stipulated by this Hon'ble Court.

For Petitioner :

Mr.Chellapandian Senior Counsel for Mr.S.Mani For Respondents :

Mr.M.Elumalai Government Advocate

O R D E R

The prayer sought for in this Writ Petition is to direct the respondents 1 and 2 to include the petitioner's name in the State Wide Seniority list in the light of G.O.Ms.No.202, 1/3

Environment and Forest Department dated 18.12.2013 so as to enable the petitioner to get his service regularized in the time scale of pay as Plot Watcher (Supernumerary) by consider his representation dated 20.01.2019 within a time limit that may be stipulated by this Hon'ble Court.

2. It is the case of the petitioner that he joined the service of the respondent Department as Plot Watcher on daily wage basis in the year 2000. Even after completion of 18 years of services on daily wage basis, his name was not included in the State Wide Seniority list. Therefore the petitioner made a representation on 21.01.2019. However, till date the said representation was not considered. 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 respondents to consider and dispose of the petitioner's representation dated 21.01.2019, on merits and in accordance with law.

4. The learned Government Advocate would submit that acknowledgment for the representation was not produced, however, if the petitioner submits a copy of the representation, the same shall be considered on merits and in accordance with law.

5. 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 respondents to consider and dispose of the representation dated 21.01.2019 within a period of twelve weeks from the date of receipt of a copy of this order, on merits and in accordance with law. The petitioner shall produce a copy of the representation along with this order copy to enable the respondents to pass appropriate orders.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar 2/3

To 1.The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai - 600009.

2.The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai - 600015.

3.The District Forest Officer, Thiruvannamalai South Division, Thiruvannamalai +1 cc to M/s.S.Mani,Advocate Sr.No. 98283 +1 cc to The Special Government Pleader Sr.No. 98811 AKM/02.01.2020/3P-6C / W.P.No.33067 of 2019 3/3