Muthappa.A v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Muthappa ... Petitioner in W.P. (MD) No.3255 of 2023 S.Mani ... Petitioner in W.P. (MD) No.3256 of 2023 M.Subramanian ... Petitioner in W.P. (MD).No.3257 of 2023 Vs.
1.The State of Tamil Nadu represented by its Secretary, Environment and Forest Department, Fort St. George, Chennai.
2.The Principal Chief Conservator of Forest, Panagal Maligai, Saidhapet, Chennai.
...Respondents in all W.Ps.
Prayer in all petitions: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1/6
respondents to promote the petitioners as forester with effect from 18.04.2013 ie., from the date on which the petitioners juniors viz., Mr.P.Karuppaiah and Mr.G.Venkatachalam were given promotion by implementing the proceedings issued by the second respondent dated 21.02.2022 with all consequential benefits.
For Petitioners : Mr. D.Boopal For Respondents : Mr. S.P.Maharajan Special Government Pleader COMMON ORDER These writ petitions have been filed for issuance of a writ of Mandamus, directing the respondents to promote the petitioners as Forester with effect from 18.04.2013 i.e., from the date on which their juniors viz., Mr.P.Karuppaiah and Mr.G.Venkatachalam were given promotion, by implementing the proceedings issued by the second respondent dated 21.02.2022, with all consequential benefits.
2. The learned counsel appearing for the petitioners would submit that the petitioners were appointed as Village Social Forest Worker in the 2/6
year 1984 and their services were regularised as Forest Watcher in the year 2012. Subsequently, they were promoted as Forest Guard in the year 2016. The petitioners' juniors were given regularisation in the year 1995 as Forest Watcher. Thereafter, they were given promotion as Forest Guard in the year 2004 and Forester in the year 2013. Hence, the petitioners have approached the authorities to fix the seniority properly and for giving promotion to the post of Forest Guard and Forester from the date on which their juniors were given promotion. Since there was no response, the petitioners have filed a writ petition in W.P.No.4339 of 2021 before this Court and the same was disposed of on 26.02.2021, giving direction to the authorities to consider and pass appropriate orders.
As per the direction of this Court, the second respondent has passed an order on 21.02.2022, fixing the seniority. The petitioners' juniors were given promotion as Forester on 18.04.2013. Therefore, the petitioners are entitled to get promotion to the post of Forester with effect from 18.04.2013. However, till date the second respondent has not issued any further proceedings for promotion to the post of Forester with effect from 18.04.2013.
petitions for implementation of the proceedings issued by the second respondent dated 21.12.2022.
3. The learned Additional Government Pleader appearing for the respondents would submit that if there is no legal impediment, the order of the second respondent dated 21.12.2022 will be implemented, in the manner known to law.
4. In view of the fair submission made by the learned Additional Government Pleader, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to implement his own order dated 21.02.2022, within a period of six weeks from the date of receipt of a copy of this order, if there is no legal impediment.
5. With the above direction, these Writ Petitions are disposed of. No costs.
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To 1.The State of Tamil Nadu represented by its Secretary, Environment and Forest Department, Fort St. George, Chennai.
2.The Principal Chief Conservator of Forest, Panagal Maligai, Saidhapet, Chennai.
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M.DHANDAPANI,J.
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