Madras High Court
P.Kalimuthu vs The State Of Tamil Nadu on 20 July, 2022
Author: S.M. Subramaniam
Bench: S.M.Subramaniam
W.P.No.189 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.189 of 2015
P.Kalimuthu ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Fort. St.George,
Chennai.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
3.The District Forest Officer,
Kallalurichi Forest Division,
Indhili, Ulagankathan Po.,
Kallakurichi and Taluk,
Villupuram District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records
of the second respondent in Na.Ka.No.L.L.2/25643/13, dated 23.06.2014
and to quash the same with consequential direction to promote the
petitioner as Forest Watcher with effect from the date of his junior's
promotion with all consequential benefits.
https://www.mhc.tn.gov.in/judis
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W.P.No.189 of 2015
For Petitioner : Ms.K.Jenitha
For Respondents : Mr.M.Bindran
Additional Government Pleader
ORDER
The order impugned dated 23.06.2014, rejecting the claim of the writ petitioner for promotion to the post of Forest Watcher with effect from the date of his junior's promotion with all consequential benefits is under challenge in the present writ petition.
2. The writ petitioner was appointed as Plot Watcher on daily wages basis on 01.041982. Subsequently, his appointment was converted as Social Forestry Worker with effect from 19.11.1982 by the Forest Officer, Social Forestry Range, Kallakurichi. The petitioner was working more than 3 decades and his services are not regularised.
3. As per the Tamil Nadu Forest Subordinate Service Rules, Rule No.5, the requisite qualification for the appointment to the post of Forest Watcher is, (1) Ability to read and write tamil (2) 163 cm of height and (3) Chest measurement ranging from 79 to 85 cm. https://www.mhc.tn.gov.in/judis Page 2 of 4 W.P.No.189 of 2015
4. The Plot Watcher and Social Forestery Workers, who have complied with the above qualifications under the Rules were appointed as Forest Watcher on regular basis. The petitioner was also participated and his case was rejected on the ground that his height was 162 cm. The prescribed height is 163 cm. During the relevant point of time, when the petitioner participated in the selection, physical measurement test was conducted and the candidature of the writ petitioner was rejected. Thus, the reason for rejection cannot be construed as erroneous.
5. When the petitioner did not possess the requisite physical standards as contemplated under the Tamil Nadu Forest Subordinate Service Rules, the decision taken by the authorities are in consonance with the rules and therefore, the petitioner is not entitled for the relief. That apart, even at the time of filing the writ petition, the petitioner was aged about 56 years and now he would age around 64 years. This being the factum, there is no point in considering the case of the writ petitioners for grant of relief.
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Jeni
6. Accordingly, the Writ Petition stands dismissed. No costs.
20.07.2022 Jeni Index : Yes Speaking order : Yes To
1.The Secretary to Government, The State of Tamil Nadu, Environment and Forest Department, Fort. St.George, Chennai.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai – 15.
3.The District Forest Officer, Kallalurichi Forest Division, Indhili, Ulagankathan Po., Kallakurichi and Taluk, Villupuram District.
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