S.Mahalingam v. The Principal Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.7173 of 2018 S.Mahalingam ... Petitioner Vs.

1.The Principal Chief Conservator of Forest Panagal Maaligai, Saidapet, Chennai - 600 015.

2.The Conservator of Forest, 3.The District Forest Officer, 4.The District Forest Officer, Theni District Forest Road, T.B.Road, Bungalowmedu, Theni - 625 531, Theni District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider and pass orders forthwith on the petitioner's final representation dated 06.02.2018 seeking promotion as Forest Guard and Forester on par with petitioner's Junior S.Thavamani and for disbursement of consequential monetary benefits. For Petitioner : Mr.E.V.N.Siva For Respondents : Mrs.S.Srimathy, Spl.G.P.

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus, directing the respondents herein to consider and pass orders forthwith on the petitioner's final representation dated 06.02.2018 seeking promotion as Forest Guard and Forester on par with petitioner's Junior S.Thavamani and for disbursement of consequential monetary benefits.

2.Heard Mr.E.V.N.Siva, learned counsel appearing for the petitioner and Mrs. S.Srimathy, learned Special Government Pleader appearing for the respondents.

3.The petitioner's grievance appears to be that though he has retired from service, his notional promotion along with the similarly placed persons was not considered and therefore, he seems to have made a request to the respondents to include his name as per his seniority comparing the other similarly placed persons. The said request though has been pending for sometime for consideration, no orders is yet to be passed.

In this regard, the leaned counsel for the petitioner submits that though on 25.01.2018, certain particulars have been called for by the third respondent from the Lower Officer, so far, no orders have been passed. Therefore, the petitioner had given further representation on 06.02.2018 to the respondents to consider his request and if the said request is considered by the respondents and an order to that effect is passed, the petitioner would be satisfied.

5.I have heard the learned Special Government Pleader appearing for the respondents in this regard.

6.With the consent of both sides, this writ petition itself is taken up for disposal at the admission stage. 7.In view of the above said submission made by the learned counsel for the petitioner, as the prayer sought for herein is innocuous in nature, there shall be a direction to the respondents, especially, to the respondents 2 and 3, to consider the representation of the petitioner dated 06.02.2018 and pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 8.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Principal Chief Conservator of Forest Panagal Maaligai, Saidapet, Chennai - 600 015.

2.The Conservator of Forest,

3.The District Forest Officer, 4.The District Forest Officer, Theni District Forest Road, T.B.Road, Bungalowmedu, Theni - 625 531, Theni District.

+1CC to Mr.E.V.N.Siva, Advocate, SR.No. 59425 +1CC to the Special Government Pleader SR.No.59659 W.P(MD)No.7173 of 2018 Arul JM/SKN RSK/SAR 3/11.04.2018/3P/7C