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Madras High CourtWP(MD)/581/2020disposed of

Sriram v. The Prl.Chief Conservator Of Forests

2020-01-10Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Sriram

...Petitioner

Vs

1. The Principal Chief Conservator of Forests Panagal Building Saidapet Chennai - 600 015

2. The Division Forest Officer Social Forest Division

3. The Forest Range Officer Social Forest Range Pulinkudi Kadayanallur Taluk

4. The Forest Range Officer Social Forest Range Kadayanallur Taluk

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to consider the petitioner's representation dated 21.09.2019 and consequently direct the second respondent to appoint the petitioner either on the 3rd or 4th respondent's office as watcher in daily wage scheme considering his earlier service. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

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

2. The limited prayer sought for by the petitioner is that to issue direction to the respondents to consider the 1/3

petitioner's representation dated 21.09.2019 and consequently direct the second respondent to appoint the petitioner either on the 3rd or 4th respondent's office as watcher, under daily wage scheme considering his earlier service.

3. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

4. In view of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representations dated 21.09.2019 on its own merits and pass appropriate orders within a period of eight 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 view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) vrn To

1. The Principal Chief Conservator of Forests Panagal Building Saidapet Chennai - 600 015

2. The Division Forest Officer Social Forest Division 2/3

3. The Forest Range Officer Social Forest Range Pulinkudi Kadayanallur Taluk

4. The Forest Range Officer Social Forest Range Kadayanallur Taluk +1 CC to SPL.GP ( SR-1915[F] dated 20/01/2020 ) 10.01.2020 KM/(06.02.2020) 3P 6C 3/3