T Thanasekaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P.(MD)No.17444 of 2019 1.T.Thanasekaran 2.K.Muniswari 3.E.Lakshmi 4.M.A.Murugan 5.Santhanammal ....Petitioners Vs
1. The State of Tamil Nadu Represented by its Chief Secretary/Chairperson Gulf of Mannar Biosphere Reserve Trust Secretariat Chennai 600 009 2.The State of Tamil Nadu Represented by its Secretary Department of Environment and Forest Fort.St.George Secretariat Chennai 600 009 3.The Principal Chief Conservator of Forest (Head of the Department)/Chief Wildlife Warden No.1, Jennis Road, Panagal Maligai Saidapet Chennai 600 015 4.Gulf of Mannar Biosphere Reserve Trust Represented by its Trust Director/Wild Life Warden 5.Additional Principal Chief Conservator of Forest Southern Region Madurai 625 002 6.The Conservator of Forests Virudhunagar District Virudhunagar 1/4
7.The District Collector 8.The District Collector Tuticorin District Tuticorin ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to absorb and regularize the services of the petitioners working under the control of 4th respondent in the cadre of forest watchers in time scale of pay from the date of appointment and to give all attendant benefits by considering the petitioner's association presidents' representation,d ated 17.10.2018 within a time frame that may be fixed by this Court.
For Petitioner : Mr.A.Kannan For Respondents :Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader
ORDER
This Writ petition has been filed for a direction to the respondents herein to absorb and regularize the services of the petitioners, who are working under the control of 4th respondent in the cadre of forest watchers in time scale of pay from the date of appointment and to give all attendant benefits. 2.Mr.C.M.Mari Chellaiah Prabhu, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.According to the petitioners, they are working as Field Project Workers for more than 10 years. They have given representation through their Association to the third respondent, dated 14.09.2018 and another representation dated 17.10.2018, to provide equal treatment on par with the Plot Watchers, who have been regularized after completion of 10 years of service. The fourth respondent recommended the request of the petitioners to the sixth respondent, vide letter No.Na.Ka.2385/2017/MEO, dated 22.11.2018. Now, the grievance of the petitioners is that the fourth respondent is making arrangement to engage private organization and compelling 2/4
the petitioners to work under the private organization and the second respondent is also recruiting Forest Guard and for other entry level posts from open competition. Hence,the petitioners have come out with the present writ petition.
4.Considering the averments made in the affidavit and the nature of relief sought for in the writ petition, without deciding the issue on merits, the respondents are directed to consider the representation of the petitioners, dated 17.10.2018 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) msa To
1. The Chief Secretary/Chairperson The State of Tamil Nadu Gulf of Mannar Biosphere Reserve Trust Secretariat Chennai 600 009 2.The Secretary The State of Tamil Nadu Department of Environment and Forest Fort.St.George Secretariat Chennai 600 009 3.The Principal Chief Conservator of Forest (Head of the Department)/Chief Wildlife Warden No.1, Jennis Road, Panagal Maligai Saidapet Chennai 600 015 3/4
4.The Gulf of Mannar Biosphere Reserve Trust Represented by its Trust Director/Wild Life Warden 5.The Additional Principal Chief Conservator of Forest Southern Region Madurai 625 002 6.The Conservator of Forests Virudhunagar District Virudhunagar 7.The District Collector 8.The District Collector Tuticorin District Tuticorin +1 CC to M/s.A.KANNAN, Advocate ( SR-89918[F] dated 27/09/2019 ) +1 CC to M/s.SPL GP ( SR-90557[F] dated 30/09/2019 ) and W.M.P.(MD)No.17444 of 2019 27.09.2019 KK/SAR/09.10.2019/4P-11C/ 4/4