M.Nagalingam v. The Principal Chief Conservator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2018
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.30164 of 2018 M.Nagalingam ... Petitioner Vs.
1. The Principal Chief Conservator of Forest Panagal Maaligai, Saidapet, Chennai - 600 015.
2. The Conservator of Forest, Coimbatore Circle, R.S.Puram, Coimbatore - 641 002.
3. The District Forest Officer, Forest Division, Gudalur, The Nilgiris, Pin - 643 212.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents to consider the petitioner's appeal/representation dated 17.08.2018 seeking grant of revised service benefits and pension arrears, by considering the training period undergone in the post of Forest Ranger from the period 03.01.2005 to 02.07.2005 for six months as duty period. For Petitioner :
Mr.P.Sivakumar For Respondents :
Mr.K.K.Ramesh, Government Advocate (Forest)
ORDER
The petitioner is a retired Forest Ranger having retired from service on 31.03.2011. Initially he was appointed as Forest Guard temporarily on 15.03.1982 by the order of Wildlife Warden, Mudumalai Sanctuary, Udhagaamandalam. Subsequently, his service was regularized on completion of one year. Thereafter, he was promoted as Forester in the year 1997.
1.1. As per the order of the District Forest Officer, Coimbatore Circle, he along with seven other Foresters were given one step promotion in the post of Forest Ranger in support of the 'Operation Forest Strom' to eliminate Forest Brigand Veerappan associated with Special Task Operation. Hence, they have been deputed for Training in the post of Forest Ranger for six months in Southern Forest Ranger's College, Coimbatore. After the completion of six months training from 03.01.2005 to 02.07.2005, the petitioner was appointed as Forest Ranger on 25.09.2005 and finally, he retired from service on 31.03.2011.
2. Now, the request of the petitioner is that the period of training, which he had undergone, must be treated as period on duty and it should be considered for the purpose of grant of revised service benefits and pension arrears. So claiming, the petitioner made a representation dated 17.08.2018 to the respondents, but, it has not been considered by the respondents. Hence, the writ petition has been filed.
3. The learned Government Advocate appearing for the respondents submitted that the respondents are prepared to consider the representation of the petitioner dated 17.08.2018 and to pass orders thereon, on merits and in accordance with law.
4. In view of the above, the respondents are directed to consider the representation of the petitioner dated 17.08.2018 and to pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ogy To
1. The Principal Chief Conservator of Forest Panagal Maaligai, Saidapet, Chennai - 600 015.
2. The Conservator of Forest, Coimbatore Circle, R.S.Puram, Coimbatore - 641 002.
3. The District Forest Officer, Forest Division, Gudalur, The Nilgiris, Pin - 643 212.
+1cc to Mr.P.Sivakumar, Advocate Sr.77883 +1cc to the Special Government Pleader Sr.78217 W.P.No.30164 of 2018 ad[co] srg 19/12/2018