Subbaraj.C v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Subbaraj ... Petitioner Vs.

1.The State of Tamil Nadu represented 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 and Head of Forests, Velachery Main Road, Guindy, Chennai -32.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to regularize the petitioner's service with effect from the date of initial appointment on 01.01.1991 as supernumerary Plot Watcher and from the date of completion of ten years of service on 01.01.2001 as Forest Watcher notionally for the purpose of getting pension and family pension in

the light of W.P.(MD) No.2942/2011 and in W.A(MD)No.204/2013, Cont.P. (MD) No.1622 of 2015 dated 04.02.2016 and W.P.No.19023 of 2021 order dated 09.09.2021 and confer all consequential pensionary benefits by the way of considering the petitioner's representation dated 17.09.2022 within a time frame.

For Petitioner :

Mr.I.Kanna Patel For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to regularize the petitioner's service with effect from the date of initial appointment on 01.01.1991 as supernumerary Plot Watcher and from the date of completion of ten years of service on 01.01.2001 as Forest Watcher notionally for the purpose of getting pension and family pension in the light of W.P.(MD)No.2942 of 2011 and in W.A(MD)No.204/2013, Cont.P.(MD) No.1622 of 2015 dated 04.02.2016 and W.P.No.19023 of 2021 order dated 09.09.2021 and confer all consequential pensionary benefits by the way of considering the petitioner's representation dated 17.09.2022 within a time frame.

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

3. The grievance of the petitioner is that he has made an application before the respondents on 17.09.2022, seeking to regularise his service with effect from the date of his initial appointment ie., on 01.01.1991 as Supernumerary Plot Watcher and from the date of completion of ten years of service ie., on 01.01.2001 as Forest Watcher notionally, for the purpose of getting pension and family pension. Since the said application has not been considered, the present writ petition has been filed.

4. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the first respondent to consider the petitioner's application dated 17.09.2022 and pass appropriate orders, within a reasonable time as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's application dated 17.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

09.01.2023 akv

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

2.The Principal Chief Conservator of Forest and Head of Forests, Velachery Main Road, Guindy, Chennai -32.

M.DHANDAPANI,J.

akv 09.01.2023