Madras High CourtWP(MD)/3394/2023disposed of

Venkatesan K v. The State Of Tamil Nadu

2023-02-21Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Venkatesan ... Petitioner in W.P.(MD)No.3394 of 2023 C.Kumar ... Petitioner in W.P.(MD)No.3396 of 2023 S.Jayakumar ... Petitioner in W.P.(MD)No.3397 of 2023 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 - 600 009.

2. The Principal Chief Conservator of Forest, Head of Forest Force, Velacherry Main Road, Guindy, Chennai - 600 032.

3. The District Forest Officer, Gudalur Forest Office, Gudalur.

... Respondents in all W.Ps'

COMMON PRAYER : Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to observe the petitioners as Forest Watchers with effect from the date of the petitioners' juniors retrospective absorption in the date of 24.01.1995 as Forest Watchers on the basis of the petitioners common representation dated 22.11.2022 in the light of the order passed in W.P.No. 15561 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 W.P.No.9708 of 2014, dated 12.09.2014, SLP (C) No.12056 of 2015 Review dated 12.01.2017 and the Government Order (Ms)No.8 of the first respondent dated 21.01.2019 with all consequential benefits within a time frame that may be fixed by this Court. For Petitioners in all W.Ps'

Mr.I.Kanna Patel For Respondents in all W.Ps'

Mr.N.Ramesh Arumugam Government Advocate C O M M O N O R D E R These Writ Petitions have been filed for a direction to the respondents to observe the petitioners as Forest Watchers with effect from the date of the petitioners' juniors retrospective absorption in the date of 24.01.1995 as Forest Watchers on the basis of the petitioners' common

representation dated 22.11.2022 and in accordance with the various orders passed by this Court.

2. The case of the petitioners is that they were appointed as Plot Watchers on temporary basis in the year 1983, 1985 and 1986 respectively. This is a non-cadre post. Subsequently, the petitioners were selected for appointment to the post of Forest Watchers and Supernumerary Watcher in regular time scale of pay on 10.11.2008, 07.08.2009 and 03.03.2014 respectively. According to the petitioners, similarly placed persons, namely, Subramani and Kaniappan approached the Principal Seat of this Court and filed Writ Petitions in W.P.Nos.6327 of 2005 and 9708 of 2014 seeking for regularizing their services on par with their juniors. The Writ Petitions were disposed of by an order dated 04.12.2012 and 12.09.2014 and the appeal that was filed against the same in W.A.No.1703 of 2014 was also dismissed on 20.01.2015. Further, the Government also implemented the above said order passed by this Court and it has given regular time scale pay to the petitioners. Hence, the petitioners have submitted common representation dated 22.11.2022 to the respondents seeking to regularize their services on

par with their juniors. But, till date, no order was passed, Therefore, the petitioners have filed these Writ Petitions with the aforesaid prayer.

3. The learned counsel appearing for the petitioners would submit that it would suffice, if the first respondent is directed to consider the representation of the petitioners, dated 22.11.2022, on merits and in accordance with law, within a specified period.

4. The learned Government Advocate appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioners' representation, dated 22.11.2022 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.

6. With the above directions, these Writ Petitions are disposed of. No costs.

21.02.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Additional Chief Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St.George, Chennai - 600 009.

2. The Principal Chief Conservator of Forest, Head of Forest Force, Velacherry Main Road, Guindy, Chennai - 600 032.

3. The District Forest Officer, Gudalur Forest Office, Gudalur.

M.DHANDAPANI,J.

vji 21.02.2023