T.Pushparaj, Forest Guard, v. The Principal Cheif

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19822 of 2018 T.Pushparaj ...

Petitioner Vs.

1.The Principal Chief Conservator of Police, Pangal Maligai, Saidapet, Chennai 600 015.

2.The Chief Conservator of Forests and Field Director, Kalakkad Mundunthurai Tiger Reserve, NGO Colony, Tirunelveli 627 007.

3.The Deputy Director and Wildlife Warden, Kalakkad Sanctuary, No.3, Jawahar Street, Kalakkad 627 002.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 13.08.2018 and consequently, direct the respondents to confer notional promotion as Forest Watcher with effect from 1995 and consequential promotions and benefits as per the seniority list panel drawn in the year 1994 - 1995.

For Petitioner : Mr.A.Ananda Raj For Respondents : Mr.KMU.Muthu, AGP

O R D E R

The petitioner has come forward with the present Writ petition to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 13.08.2018 and to direct the respondents to confer notional promotion as Forest Watcher from 1995 and consequential promotions and also benefits as per the seniority list panel drawn in the year 1994 - 1995. 2.Mr.K.M.U.Muthu, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 3.The relief sought for by the petitioner cannot be granted as he has been granted relief with effect from 02.01.2015 in view of

the proceedings dated 23.02.2015 passed by the third respondent and hence, after a lapse of three years, he has come forward with the present Writ petition for the aforesaid relief. 4.If the petitioner has aggrieved over the order dated 23.02.2015 granting relief prospectively, he has to challenge that portion of the order as the same has not been granted retrospectively. Hence, the relief sought for by the petitioner in the present Writ petition cannot be granted. Accordingly, this Writ petition is dismissed. However, the dismissal of this Writ petition will not preclude the petitioner from challenging the order as indicated above in accordance with law. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Principal Chief Conservator of Police, Pangal Maligai, Saidapet, Chennai 600 015.

2.The Chief Conservator of Forests and Field Director, Kalakkad Mundunthurai Tiger Reserve, NGO Colony, Tirunelveli 627 007.

3.The Deputy Director and Wildlife Warden, Kalakkad Sanctuary, No.3, Jawahar Street, Kalakkad 627 002.

+1cc to Mr.A.Ananda Raj, Advocate Sr.No.84522 +1cc to Spl.Government Pleader Sr.No.84895 NBJ VB/SKN/SAR4/13.11.2018/2P/6C W.P.(MD)No.19822 of 2018 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/