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Madras High CourtWP/50150/2025disposed of with direction

R.Mani v. The State Of Tamil Nadu

2026-01-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI R.Mani

...Petitioner

Vs.

1.The State of Tamil Nadu, Rep. By its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai - 9.

2.The Principal Chief Conservator of Forest &, Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to appoint the petitioner in the cadre post of Forest Watchers on par with his juniors as per the appointment order made by the second respondent in Proc.No.E4/3771/2003(1) dated 28.02.2003 by considering his representation dated 04.12.2023 with all consequential service and pensionary benefits.

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For Petitioner : Ms.K.Jenitha For Respondents : Mr.C.Selvaraj, Additional Government Pleader

ORDER

This writ petition is filed to direct the the respondents to appoint the petitioner in the cadre post of Forest Watchers on par with his juniors as per the appointment order made by the second respondent in Proc.No.E4/3771/2003(1) dated 28.02.2003 by considering his representation dated 04.12.2023 with all consequential service and pensionary benefits.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner was appointed as Plot Watcher on 01.06.1980. As per G.O.Ms.No.64, dated 08.03.1999, his name was included in the Statewide Seniority List. Thereafter, as per the proceedings of the second respondent, he was appointed as Forest Watcher. But, due to the mistake of wrong mentioning of initial as P.Mani instead of 2/6

R.Mani and due to break of service, he was not served with the posting order. On coming to know of the appointment order, the petitioner sent a representation dated 18.03.2003 to the Conservator of Forest, Vellore Circle, pursuant to which, by proceedings dated 03.06.2003, the second respondent was requested to issue appropriate orders of regularization of his service. After his representation, he was reinstated in service, but only in temporary capacity. Thereafter, the Conservator of Forest, Vellore circle has sent a detailed proposal dated 28.03.2014 to the second respondent requesting him to consider the petitioner's claim for regularization on par with the junior. Since it was not considered, he filed a writ petition in W.P.No.39120 of 2016 for direction and the same was disposed.

Thereafter, after seven years, the second respondent issued the order of appointment, but with effect from the date of order. Hence, he made representation dated 04.12.2023 before the second respondent seeking retrospective effect to his appointment with effect from the date of his juniors appointment. However, the same was not considered and the petitioner has also retired from service on 31.07.2024. Hence, he come forward with the present writ petition.

4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 04.12.2023.

5. Learned Additional Government Advocate appearing for the respondents would submit that the petitioner's representation dated 04.12.2023 will be considered and appropriate orders will be passed within a time frame that may be fixed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the limited relief sought by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 04.12.2023 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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With the aforesaid direction, this writ petition stands disposed of. No costs.

05.01.2026 vm Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.The Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai - 9.

2.The Principal Chief Conservator of Forest &, Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai - 32.

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M.DHANDAPANI, J.

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