Madras High CourtWP(MD)/21892/2018disposed of

P.Manivel, v. The State Of Tamilnadu,

2019-03-18Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21892 of 2018 P.Manivel ... Petitioner 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.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Forest Watcher with effect from the date of his juniors appointment, by considering the petitioner's representation, dated 11/06/2018 in the light of the order passed in WP.No.15561 of 2006, dated 10/03/2008 W.A.No.690 of 2008, dated 13/10/2009, W.P.No.23374 of 2008, dated 30.10.2009, W.A.No.607 of 2010, dated 29.03.2010 and as per the Government letter No.19683/FR2 (II)/2016-4, dated 03.03.2017 with all consequential benefits. For Petitioner : Ms.K.Jenitha For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the respondents to appoint the petitioner as Forest Watcher with effect from the date of his juniors' appointment and grant consequential benefits, by considering the petitioner's representation, dated 11/06/2018, in the light of the orders passed in WP.No.15561 of 2006, dated 10/03/2008 , W.A.No.690 of 2008, dated 13/10/2009, W.P.No.23374 of 2008, dated 30.10.2009 and W.A.No.607 of 2010, dated 29.03.2010 and as per the Government letter No.19683/FR2(II)/2016-4, dated 03.03.2017.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. The case of the petitioner is that the petitioner originally joined in service as Social Forestry Worker. Thereafter he was promoted as Forest Watcher. But even before granting such promotion to the petitioner, his juniors were promoted as Forest Watchers. Therefore, the petitioner seeks promotion to the post of Forest Watcher with effect from the date on which his juniors were given promotion. In this regard, the petitioner has given representation to the second respondent on 11.06.2018. Since the same has not been considered so far, the petitioner is before this Court by filing this Writ Petition.

4. The learned Counsel appearing for the petitioner has referred to the earlier orders passed by this Court and also the Government letter dated 03.03.2017 and submitted that the petitioner's representation may be directed to be considered by the second respondent in the light of the orders stated above, for which, the learned Additional Government Pleader appearing for the respondents has no serious objections.

5. In view of the above, without going into the merits of the petitioner's case, the second respondent is directed to consider the petitioner's representation dated 11.06.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eights weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.

+1 CC to M/s.K.JENITHA, Advocate in SR-54726 W.P(MD)No.21892 of 2018 18.03.2019 ssl PK/15.04.2019 : 3P/4C