K.Subbiah v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P (MD)Nos.2928 to 2931 of 2018 K.Subbiah ... Petitioner in WP(MD)No.2928 of 2018 K.Marimuthu ... Petitioner in WP(MD)No.2929 of 2018 K.Kulanthaivel ... Petitioner in WP(MD)No.2930 of 2018 K.Mahamuni ... Petitioner in WP(MD)No.2931 of 2018 Vs.

1.The State of Tamil Nadu, Rep.by its Secretary to Government, Environmental and Forest Department, Fort.St.George, Chennai - 600 009.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.

...1st and 2nd Respondents in all writ petitions 3.The District Forest Officer, Theni Forest Division, Housing Board Colony, Theni-625 531.

...3rd Respondent in WP(MD)No.2928 of 2018 4.The Wild Life Warden, Gulf Mannar, Marine National, Ramanathapuram.

...3rd Respondent in WP(MD)No.2929 of 2018 5.The District Forest Officer, Trichy Forest Division, Trichy.

...3rd Respondent in WP(MD)No.2930 of 2018 6.The District Forest Officer, Perambalur District, Perambalur.

...3rd Respondent in WP(MD)No.2931 of 2018

7.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018.

...4th respondent in all writ petitions.

COMMON PRAYER: Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to appoint the petitioners as Forest Watcher with effect from the date of their juniors appointment on 31.01.1995 and for consequential benefit of revised pension by considering the petitioners' representations dated 04.12.2017 in the light of the order passed in WP.No.15561 of 2006 dated 10.03.2008, WA.No.690 of 2008 dated 13.10.2009, WP.No.23374 of 2008 dated 30.10.2009, WA.No.607 of 2010 dated 20.03.2010 and the first respondent in his Government Letter No.3291/FR2(II)/2017-3, dated 16.08.2017 with all other consequential benefits.

For petitioner : Mr.K.Jenitha in all cases For respondents 1 to 3 in all cases : Mr.J.Gunaseelan Muthaiah, Addl.,Govt.Pleader For respondent No.4 in all cases : Mr.P.Gunasekaran COMMON ORDER Heard the learned counsel for the parties.

2.The petitioners in WP(MD)Nos.2928 to 2930 of 2018 were originally working as Plot Watchers. The petitioner in WP(MD) No.2931 of 2018 was working as a Social Forestry Worker. They have since been promoted as Forest Watchers. But then even before granting such promotion to the petitioners, their juniors had been promoted as Forest Watchers. Therefore, the petitioners seek promotion to the post of Forest Watchers with effect from the date on which their juniors were given promotion. In this regard, the petitioners have given representations dated 04.12.2017. 3.The learned counsel appearing for the petitioners have referred to the earlier orders passed by this Court as well as by the Hon'ble Division Bench and also Government Letter dated 16.08.2017 in this regard.

4.The second respondent is directed to consider the petitioners' representation in accordance with law and pass appropriate orders on merits within a period of eight weeks from the date of receipt of a copy of this order.

5.These writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Environmental and Forest Department, Fort.St.George, Chennai - 600 009.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015. 3.The District Forest Officer, Theni Forest Division, Housing Board Colony, Theni-625 531.

4.The Wild Life Warden, Gulf Mannar, Marine National, Ramanathapuram.

5.The District Forest Officer, Trichy Forest Division, Trichy.

6.The District Forest Officer, Perambalur District, Perambalur.

7.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018.

+4cc to M/S.K.Jenitha, Advocate SR.No. 55387 to 55390 W.P (MD)Nos.2928 to 2931 of 2018 15.03.2018 skm JM/SKN RSK/SAR 4/09.04.2018/3P/12C