B.Rangasamy v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH B.Rangasamy ... Petitioner Vs.
1.Government of Tamil Nadu, Represented by its Additional Chief Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 600 032.
3.The Conservator of Forest Cum Director, Sathyamangalam Tiger Reserve Forest, Erode.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give regular time scale appointment cadre post as Forest Watcher with effect from 11.05.2017 and further promoted as Forest Guard same was done in similarly placed persons like petitioners namely one Shanmugavelu in S.No.39 issued a Government G.O.Ms.179, 1/4
Environment, Climate Change and Forests (FR.2) Department dated 17.07.2012 by considering petitioner's representation dated 03.08.2023. For Petitioner : Mr.S.Mani For Respondents : Mrs.V.Yamuna Devi Special Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein has given a representation to the 2nd respondent on 03.08.2023, seeking to give regular time scale appointment cadre post as Forest Watcher with effect from 11.05.2017 and further promote as Forest Guard. 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, 2/4
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 to the 2nd respondent herein, to consider the petitioner's representation dated 03.08.2023, on its own merits and pass appropriate orders in accordance with law, within a period of eight (08) 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.
18.12.2023 Index:Yes/No Speaking order/Non-speaking order gd 3/4
M.S.RAMESH,J.
gd To 1.Government of Tamil Nadu, Represented by its Additional Chief Secretary, Environment and Forest Department, Fort St.George, Chennai - 600 009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 600 032.
3.The Conservator of Forest Cum Director, Sathyamangalam Tiger Reserve Forest, Erode.
W.P.No.35001 of 2023 18.12.2023 2/2 4/4