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Madras High CourtWP(MD)/4693/2018disposed of

M.Manickam v. The State Of Tamil Nadu

2018-03-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.4693 to 4696 of 2018 K.Manickam

...Petitioner in W.P.(MD).No.4693 of 2018

R.Srinivasan

...Petitioner in W.P.(MD).No.4694 of 2018

P.Mari

...Petitioner in W.P.(MD).No.4695 of 2018

K.Natarajan

...Petitioner in W.P.(MD).No.4696 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 3.The Divisional Forest Officer, Crash Plantation Division, Thanthontrimalai Village, Karur Taluk & Division.

...3rd Respondent in W.P.(MD).No.

3.The Deputy Conservator of Forests, Agro.Forestry Research Division, Madurai-625 014.

...3rd Respondent in W.P.(MD).No.

3.The Forest Extension Officer, Forest Extension Division, P.K.Agaram, Trichy-105.

...3rd Respondent in W.P.(MD).No.

3.The Divisional Forest Officer, Social Forestry Division, Trichy.

...3rd Respondent in W.P.(MD).No.

Prayer in W.P.(MD).No.4693 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Mali with effect from the date of his juniors promotion from 24.01.1995 as Forest Watcher by considering his representation dated 05.05.2017 in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil).No.12056 of 2015 dated 05.07.2016, Cont.P.No.679 of 2015 dated 19.10.2006 and with all consequential benefits. Common Prayer in W.P.(MD).Nos.4694, 4695 & 4696 of 2018: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioners as Malis with effect from the date of his juniors promotion from 24.01.

1995 as Forest Watchers by considering his representations in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil).No.12056 of 2015 dated 05.07.2016, Cont.P.No.679 of 2015 dated 19.10.2016 and with all consequential benefits. In all Writ Petitions For Petitioners : Ms.K.Jenitha For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader 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.J.Gunaseelan Muthiah, learned Additional Governement Pleader, takes notice on behalf of the respondents in all the Writ Petitions.

3.The petitioners were originally working as Malis. 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 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.

3.The Divisional Forest Officer, Crash Plantation Division, Thanthontrimalai Village, Karur Taluk & Division.

4.The Deputy Conservator of Forests, Agro.Forestry Research Division, Madurai-625 014.

5.The Forest Extension Officer, Forest Extension Division, P.K.Agaram, Sirukanur(p).

Trichy-105.

6.The Divisional Forest Officer, Social Forestry Division, Trichy.

+4CC TO M/S.K.JENITHA, Advocate, Sr Nos.53422,53423,53424,53425 W.P.(MD).Nos.4693 to 4696 of 2018 06.03.2018 tsg MS/PM-PN/SAR.4/09.03.2018/3P.11C