A.Nainar, v. The Principal Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND A.Nainar .. Petitioner Vs.

1.The Principal Chief Conservator of Forest, Panagal Maligai, No.1, Chinnis Road, Saidapet, Chennai-15.

2.The Deputy Conservator of Forest, NGO 'B' Colony, Tirunelveli-7.

3.The District Forest Officer, Boldenpuram, Tuticorin, Tuticorin District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Principal Chief Conservator of Forest, Chennai, the 1st respondent herein to include the name of the petitioner in the State Level Seniority List for the post of Plot Watcher in the respondent department and grant other available benefits by considering the representation dated 12.04.2016 and legal

notice dated 15.04.2015 of the petitioner in the light of the order dated 04.04.2014 passed in the Writ Petition in W.P.No.411 of 2011 on the file of this Court.

For Petitioner :

Mr.S.Siva Thilakar For Respondents :

Mr.A.Sivanupandian Government Advocate

ORDER

The petitioner submitted a representation dated 02.01.2009 before the 1st respondent requesting to include his name in the State Level Seniority List for the post of Plot Watchers in the respondent-Department and grant other available benefits in the light of the Government Order passed in G.O.Ms.No.95, Environment (Forest) Department, dated 07.08.2009 and in the light of the order of this Court dated 06.11.2006 in W.P.Nos.18945 and 21575 of 2006. As no orders were passed, the petitioner filed W.P.(MD) No.411 of 2011. While disposing the said writ petition, by order dated 04.04.2014, this Court directed the 1st respondent to consider the claim of the petitioner in the light of the Government Orders passed in G.O.Ms.No.95, Environment (Forest) Department,

dated 07.08.2009 and in the light of the order dated 06.11.2006 in W.P.Nos.18945 and 21575 of 2006 within a period of six weeks from the date of receipt of a copy of the order.

2. The grievance of the petitioner is that in spite of specific direction from the Court, his claim to include his name in the State Level Seniority List for the post of Plot Watchers was not considered by the respondents. Again the petitioner submitted a representation dated 12.04.2016 requesting to consider his claim as per the order dated 04.04.2014 in W.P.(MD) No.411 of 2011.

3. A counter affidavit has been filed on behalf of the respondents. Though they made several contentions in their counter, but the crucial aspect with regard to the consideration of the representation of the petitioner dated 12.04.2016 is not answered.

4. Having heard the submissions of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the

respondents and upon perusal of the material available on record, in my considered opinion, it is appropriate to dispose of this writ petition without going into the merits of the case by directing the 1st respondent to examine the representation of the petitioner dated 12.04.2016 in the light of the order dated 04.04.2014 in W.P.(MD) No.411 of 2011 within the stipulated time, to meet the interest of justice.

5. Accordingly, this Writ Petition is disposed with a direction to the 1st respondent to examine the representation of the petitioner dated 12.04.2016 in the light of the order dated 04.04.2014 in W.P.(MD) No. 411 of 2011 and pass appropriate orders in accordance with law within a period of six weeks from today.

6. No costs.

21.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Principal Chief Conservator of Forest, Panagal Maligai, No.1, Chinnis Road, Saidapet, Chennai-15.

2.The Deputy Conservator of Forest, NGO 'B' Colony, Tirunelveli-7.

3.The District Forest Officer, Boldenpuram, Tuticorin, Tuticorin District.

BATTU DEVANAND, J.

abr Dated : 21.08.2023