Madras High CourtWP(MD)/21095/2016disposed of

Muthu v. The Secretary To The Govt.,

2016-11-04Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21095 of 2016 1)Muthu 2)Sasikumar ... Petitioners vs.

1)The Secretary to the Government, Department of Environment of Forest, Secretariat, Fort St.George, Chennai-9.

2)The Principal Chief Conservator of Forests, No.15, Panagal Building, Saidapet, Chennai 15.

3)The Wild Life Warden, Megamalai Wild Life Division, Theni District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to regularize petitioners' services in the post of Watchers working under the 3rd respondent within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

ORDER

This Writ of Mandamus has been filed seeking for a direction to the respondents to regularize the petitioners' services in the post of Watcher under the 3rd respondent within the time stipulated by this Court.

2.It is the case of the petitioners that they have completed 10 years of unblemished services under the 3rd respondent and in spite of issuance of G.O.Ms.No.28, Environment and Forest Department, dated 29.02.2016, the services of the petitioners and similarly placed persons have not been regularised. It is also

pointed out that this Court has allowed W.P(MD)No.2942 of 2011 filed by the similarly placed persons, granting regularisation and W.A(MD)No.213 of 2013 filed by the department against the order in W.P(MD)No.2942 of 2011 was also dismissed.

3.Relying upon G.O.Ms.No.28, Environment and Forest Department, dated 29.02.2016, and also the orders passed by this Court, the learned counsel for the petitioners submitted that the case of the petitioners also should be considered in similar lines.

So stating, the petitioners submitted individual representations dated 22.07.2016 seeking regularisation of the services.

4.The learned Special Government Pleader appearing for the respondents would submit that it is agreeable for the 1st respondent to consider the individual representations of the petitioners dated 22.07.2016 and to pass orders within a time frame.

5.Recording the submission made by the learned Special Government Pleader, this Writ Petition is disposed of directing the 1st respondent to consider the individual representations of the petitioner dated 22.07.2016 and to pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Upon consideration of the petitioners' representations by the 1st respondent, respondents 2 and 3 shall take up necessary follow up action. No costs.

Sd/- Assistant Registrar(CRL) /True Copy/ Sub Assistant Registrar nbi To 1)The Secretary to the Government, Department of Environment of Forest, Secretariat, Fort St.George, Chennai-9.

2)The Principal Chief Conservator of Forests, No.15, Panagal Building, Saidapet, Chennai 15.

3)The Wild Life Warden, Megamalai Wild Life Division, Theni District.

+1cc to Spl.Government Pleader Sr.No. 66617 +1cc to M/S.R.SURESH KUMAR, ADVOCATE SR.No. 65664 JAM/25.11.16/SKS-RR/3p-6c W.P(MD)No.21095 of 2016 04.11.2016