K.Periyasamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.4681 to 4685 of 2018 K.Periyasamy
...Petitioner in W.P.(MD).No.4681 of 2018
K.Chellaiah
...Petitioner in W.P.(MD).No.4682 of 2018
R.Koolusamy
...Petitioner in W.P.(MD).No.4683 of 2018
S.Jesuraj
...Petitioner in W.P.(MD).No.4684 of 2018
P.Orumayan
...Petitioner in W.P.(MD).No.4685 of 2018
Vs.
1. The State of Tamil Nadu, Represented by its Secretary to Government, Environment and Forest Department, Fort.St.George, Chennai.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
...1st and 2nd Respondents in all Writ Petitions Karur Forest Division, Thanthonrimalai, Karur.
... 3rd Respondent in W.P.(MD).No.
Crash Plantation Division, Karur.
... 3rd Respondent in W.P.(MD).No.
3. The District Forest Officer Madurai Forest Division, Madurai.
... 3rd Respondent in W.P.(MD).No.
3. The District Forest Officer Madurai Forest Division, Madurai.
... 3rd Respondent in W.P.(MD).No.
Trichy Division, Trichy.
... 3rd Respondent in W.P.(MD).No.
Common Prayer in W.P.(MD).Nos.4681 to 4683 of 2018: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioners as Forest Watchers with effect from the date of his juniors promotion by considering the petitioners representation dated 04.08.2017, 04.08.2017, 30.12.2017 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.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010, 29.03.2010, 29.03.2010 and also vide first respondent's Government Letter No.21100/FR.2(II)/ 2016-3 dated 06.03.2017 with all consequential benefits. Prayer in W.P.(MD).No.
4684 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Forest Watcher with effect from the date of his juniors appointment promotion by considering the petitioner's representation dated 30.12.2017 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.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010 and also vide first respondent's Government Letter No.19683/FR2(II)/2016-4 dated 03.03.2017 with all consequential benefits.
Prayer in W.P.(MD).No.4685 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Forest Watcher with effect from the date of his juniors promotion by considering the petitioners representation 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.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010 and also vide first respondent's Government Letter No.21100/FR.2(II)/2016-3 dated 06.03.2017 with all consequential benefits. In all Writ Petitions For Petitioners : Ms.K.Jenitha For Respondents : Mr.K.Saravanan Government Advocate COMMON ORDER By consent of both parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission.
2.Mr.K.Saravanan, learned Government Advocate, takes notice on behalf of the respondents in all the Writ Petitions. 3.The petitioners were originally working as Plot Watchers. 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.
4.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 Letters dated 06.03.2017 and 03.03.2017 in this regard.
5.The second respondent is directed to consider the petitioners representations 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.
6.The Writ Petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To
1. The Secretary to Government, The State of Tamil Nadu, Environment and Forest Department, Fort.St.George, Chennai.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
Karur Forest Division, Thanthonrimalai, Karur.
4. The District Forest Officer, Crash Plantation Division, Karur.
5. The District Forest Officer Madurai Forest Division, Madurai.
6. The District Forest Officer, Trichy Division, Trichy.
+1. CC to Special Government Pleader, SR.No.53660 +5. CC to M/S.K.Jenitha Advocate SR.Nos.53417, 53418, 53419, 53420 & 53421/18 W.P.(MD).No.4681 to 4685 of 2018 06.03.2018 tsg MKV-PM-PN-SAR 4/9.3.2018/4P-13C