R.Velayutham v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31285 of 2018 R.Velayutham ....

Petitioner Vs 1.The State of Tamil Nadu rep.by its Secretary to Government Environment and Forest Department Forest St.George, Chennai.

2.The Principal Chief Conservator of Forest Panagal Building, Saidapet, Chennai-600 015.

....

Respondents For Petitioner :

Ms.K.Jenitha For Respondent :

Mr.K.K.Ramesh Government Advocate (Forests) Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the respondents to appoint and promote the petitioner as Forest Watcher with effect from the date of his juniors appointment and promotion by considering the petitioner's representation dated 11.06.2018 in the light of the order passed in W.P.No.15661 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and first respondent in his Government Letter No.8496/FR/2(II)/2018-3 dated 27.09.2018 with all consequential benefits.

O R D E R

This writ petition is filed seeking direction to the respondents to consider the representation dated 11.06.2018.

2. It is the case of the petitioner that he is working in the Forest Department from 26.08.1985, having been recruited through Employment Exchange. Thereafter, he was deputed to Social Forestry Department, where he was included in the seniority list at S.No.4283. On 04.02.2012, his appointment https://hcservices.ecourts.gov.in/hcservices/

was made permanent. It is his claim that his junior one Karuppiah has been promoted and he has not been promoted till date, for the reasons best known to the respondents. Learned counsel for the petitioner relies upon the decision of this Court rendered in W.P.No.23374 of 2008 dated 30.10.2009 in terms of G.O.Ms.No.95, Environment and Forests (FR-2) Department dated 07.08.2009 and claims that he should be promoted on par with his juniors. He has given a representation to the respondents in this regard dated 11.06.2018 and the same has not been considered till date. Therefore, the petitioner has filed the present writ petition.

3. Mr.K.K.Ramesh, learned Government Advocate (Forests) takes notice on behalf of the respondents and submits that the representation would be considered in terms of the G.O.No.95 dated 07.08.2009 and appropriate orders would be passed.

4. Under the circumstances, the respondents are directed to consider the representation of the petitioner dated 11.06.2018 in terms of G.O.Ms.No.95 dated 07.08.2009 within a period of eight weeks from the date of receipt of a copy of this order, and pass orders thereon, in accordance with law. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kst To 1.The State of Tamil Nadu rep.by its Secretary to Government Environment and Forest Department, Chennai.

2.The Principal Chief Conservator of Forest Panagal Building, Saidapet, Chennai-600 015.

+1cc to Mr.K.Jenitha, Advocate, S.R.No. 81606 W.P.No.31285 of 2018 SSV(CO) GN(31/12/2018) https://hcservices.ecourts.gov.in/hcservices/