Madras High CourtWP(MD)/11599/2022disposed of

Maruthu.K v. The Government Of Tamil Nadu

2022-06-14Honourable Mr Justice G. Chandrasekharan2 pages

WP(MD)No.11599 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.11599 of 2022 K.Maruthu ... Petitioner /vs./ 1.The Government of Tamil Nadu, Represented by Secretary to Government, Finance (Pension) Department, Fort St.George, Chennai 9.

2.The Principal Chief Conservator of Forests, Panagal Building, Chennai 15.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents herein to appoint the petitioner as Regular Time Scale of Forest Watchers taking into account of his seniority and qualification on par with his Juniors by considering his representation dated 23.12.2021 in the light of the order passed in WP.No.15561 of 2006 dated 10.03.2008 WA.No.690 of 2008 dated 13.10.2009 and WP.No.23374 of 2008 dated 30.10.2009 and WA.No.607 of 2010 dated 29.03.2010 and confer all consequential benefits.

For Petitioner : Mr.Chandrasekar For Respondents : Mr.P.Thilakkumar Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2.The petitioner herein had given a representation to the respondents on 23.12.2021 seeking for the appoint the petitioner as Regular Time Scale of Forest Watchers taking into account of his seniority and qualification on par with his Juniors. Since the said representation was not considered, the present writ petition has been filed.

3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.11599 of 2022 invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the respondents herein to consider the petitioner's representation dated 23.12.2021 on its own merits and in accordance with law and pass appropriate orders, as expeditiously as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) // True Copy // /06/2022 Sub Assistant Registrar(CS) sm To:

1.The Secretary to Government, Finance (Pension) Department, Fort St.George, Chennai 9.

2.The Principal Chief Conservator of Forests, Panagal Building, Chennai 15.

+1 CC to M/s.G. CHANDRA SEKAR, Advocate ( SR-25733[F] dated 15/06/2022 ) +1 CC to M/s.SPL.GP ( SR-25929[F] dated 15/06/2022 ) W.P.(MD)No.11599 of 2022 14.06.2022 NSN(CO) KB(22.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2