Madras High CourtWP(MD)/22925/2016disposed of

T.Porul Selvan v. The State Of Tamil Nadu

2016-11-30Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.22925 of 2016 and W.M.P(MD)No.16400 of 2016 1.T.Porul Selvan 2.R.Appurusamy 3.T.Rajendran 4.R.Ravichandran 5.J.Arivazhagan 6.K.Varadharajan 7.R.Chinnadurai 8.V.Sampath 9.P.Krishnamoorthy 10.C.Rajasekar 11.V.Kesavamoorthy 12.S.Anbazhagan 13.S.Punniyamoorthy 14.S.Marimuthu 15.D.Rajendran 16.G.Meenatchisundaram 17.M.Thangavelu : Petitioners Vs.

1. The State of Tamil Nadu rep. by its Secretary to Government, Environment and Forests Department, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, 15, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.

3. The Conservator of Forests, Trichy Circle, Trichy District.

: Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularise the service of the petitioners in the post of Plot Watcher as per the proposal sent by the third respondent dated 10.06.2015 and 05.04.2016 by considering their representation dated 17.10.2016. For Petitioners : Mr.D.Selvanayagam For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to regularise the service of the petitioners in the post of Plot Watcher as per the proposals sent by the third respondent dated 10.06.2015 and 05.04.2016, by considering their representation dated 17.10.2016. 2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. The brief facts leading to the filing of this writ petition are as follows:

The petitioners are serving as Plot Watchers for more than 15 to 20 years continuously under the control of the third respondent. They have not been paid any dearness allowance till date.

3.1.Relying upon G.O.Ms.No.64, dated 08.03.1999, G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, G.O.Ms.No.84, Environment and Forests (F.R.5) Department, dated 09.08.2007 and G.O.Ms.No.95, Environment and Forests (F2) Department, dated 07.08.2009, it is claimed that the Forest Plot Watchers and Social Forestry Workers have been ordered to be regularized in a phased manner under certain terms and conditions. But the petitioners, who are equally placed, have not been considered for regularization.

3.2. It is pointed out that there are four proposals already sent and the last one being sent on 05.04.2016 by the third respondent to the second respondent recommending the case of the petitioner for regularizations. As the same have not been considered, the petitioners sent a representation dated 17.10.2016 to the respondents and the same has also not been considered. Therefore, this writ petition has been filed.

4.The learned Additional Government Pleader appearing for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and to pass appropriate orders within a period of twelve weeks. 5.Under the stated circumstances, the respondents are directed to consider the representation of the petitioners dated 17.10.2016 in the light of the proposals made and also in the light of G.O.Ms.No.64, dated 08.03.1999, G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, G.O.Ms.No.84, Environment and Forests (F.R.5) Department, dated 09.08.2007 and G.O.Ms.No.95, Environment and Forests (F2) Department, dated 07.08.2009 and to pass 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.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/ Deputy Registrar(Judicial) /TRUE COPY/ Sub Assistant Registrar To

1. The Secretary to Government, Environment and Forests Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, 15, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.

3. The Conservator of Forests, Trichy Circle, Trichy District. +1cc to M/s.D.Selvanayagam, Advocate, in SR No.74329. +1cc to Special Government Pleader in SR.No.78115. ORDER MADE IN W.P(MD)No.22925 of 2016 and W.M.P(MD)No.16400 of 2016 30.11.2016 smn msm-ss3/sar3/05.01.17/p3/6c