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Madras High CourtWP/34227/2018disposed of

Purushothaman v. Theprincipal Chief Conservator Of Forest

2019-01-03Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34227 of 2018 Purushothaman ... Petitioner Vs 1.The Principal Chief Conservator of Forest Office at Panagal Maligai Saidapet chennai 600015 2.The Divisional Forestry officer Social forestry Division Rangavaram Vellore-9 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to appoint the petitioner as Office Assistant or Watchman or any other suitable post on compassionate appointment by considering his application dated 11.9.2017 in light of the order passed by this Honourable court in W.P.No. 13613 of 2011 dated 30.9.2011 which was upheld by the Honourable court in W.A.No.524 of 2012 dated 16.4.2012 and order passed by the Supreme court dated 12.4.2013 in SLP (Civil) No.7619 of 2013 by dismissing the Appeal filed by the respondents and pass appropriate orders within the time frame fixed by this Honourable court.

For Petitioners :

M/s.S.Mani For Respondents :

Mr.S.V.Vijay Prashanth, Additional Government Pleader (Forests)

O R D E R

Petitioner's father was appointed as Plot Watcher on daily wage basis on 01.11.1982 and he was brought into regular time scale of pay on 07.08.2009. The petitioner's father died on 05.08.2017 and hence the petitioner approached the second respondent by way of a representation dated 11.09.2011, seeking

compassionate appointment. The said representation did not evoke any response and hence the petitioner has filed the present writ petition.

2. Learned counsel for the petitioner relies on the order passed by this Honourable court in W.P.No. 13613 of 2011 dated 30.9.2011, which was upheld by the Honourable court in W.A.No.524 of 2012 dated 16.4.2012 and order passed by the Supreme court dated 12.4.2013 in SLP (Civil) No.7619 of 2013 and submits that it would be suffice if the respondents are directed to consider the representation and pass appropriate orders in the light of the aforesaid judgment.

2. Mr.S.V.Vijay Prashanth, learned Additional Government Pleader (Forests) takes notice on behalf of the respondents and submits that the petitioner has not even stated his educational qualifications in the representation dated 11.09.2017 submitted by him.

3. Accordingly, considering the facts and circumstances, the petitioner is directed to appear before the concerned respondent and provide necessary details as sought for by them and the respondents are directed to consider the representation of the petitioner dated 11.09.2017 in the light of the order passed by this Honourable court in W.P.No. 13613 of 2011 dated 30.9.2011, which was upheld by the Honourable court in W.A.No.524 of 2012 dated 16.4.2012 and order passed by the Supreme court dated 12.4.2013 in SLP (Civil) No.7619 of 2013, and pass appropriate orders within eight weeks from the date of receipt of a copy of this order, With the above directions, the writ petition is disposed of. No costs.

The petitioner shall submit additional particulars called for by the respondents.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kst To 1.The Principal Chief Conservator of Forest Office at Panagal Maligai ,Saidapet chennai 600015

2.The Divisional Forestry officer Social forestry Division Rangavaram , Vellore-9.

+1 cc to Mr.S.Mani, Advocate SR.No.338 +1 cc to The Special Government Pleader(Forest), SR.No.575 W.P.No.34227 of 2018 NMI(CO) CSL/07.02.2019