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[Cites 1, Cited by 0]

Madras High Court

L.Kamalasanan vs State Of Tamil Nadu on 9 September, 2019

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                         W.P.No.25198 of 2019

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 09.09.2019

                                                    CORAM

                              THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                           W.P.No.25198 of 2019
                                                   and
                                     W.M.P.Nos.24771 and 24775 of 2019

                      1.L.Kamalasanan
                      2.N.Rajkumar
                      3.M.Mohan Kumar
                      4.M.Annakodi
                      5.N.Ramu
                      6.S.M.Sasi Kumar
                      7.K.J.Santhakumar
                      8.M.Prabu
                      9.G.Chellamani
                      10.M.Ramadoss
                      11.D.Senthil Kumar
                      12.S.Dhandapani
                      13.J.Vijaysarathy
                      14.T.Vijaykumar                                     ... Petitioners


                                                       Vs.

                      1.State of Tamil Nadu
                        Represented by its Principal Secretary to Government,
                        Environment & Forest (FR.1) Department,
                        Fort St.George, Chennai-600 009.



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                                                                           W.P.No.25198 of 2019

                      2. State of Tamil Nadu
                         Represented by its Principal Secretary to Government,
                         Personnel & Administrative Reforms,
                         Fort St.George, Chennai-600 009.

                      3. The Principal Chief Conservator of Forest
                         (Head of Department),
                         Panagal Maligai,
                         Saidapet, Chennai-600 015.

                      4. The Additional Principal Chief Conservator of Forest
                         (Administration),
                         Panagal Maligai,
                         Saidapet, Chennai-600 015.

                      5. Tamil Nadu Public Service Commission,
                         Represented by its Chairman,
                         TNPSC Road, V.O.C.Nagar,
                         Park Town, Chennai-600 003,
                         Tamil Nadu.                                  ... Respondents




                      Prayer: Petition filed under Article 226 of the Constitution of India to

                      issue a Writ of Mandamus, directing the 3rd respondent to prepare a

                      panel of Foresters fit for promotion to the category of Forest Rangers

                      for the year 2018-19 with crucial date as 15/08/2018 issued by him in

                      Ref.No.B2/44597/2018 dated 14.02.2019 by including their names in

                      the said panel based on the relaxation granted by the 1st respondent in

                      G.O.Ms.No.119, Environmental and Forests (FR.2) Department dated

                      23/08/2018 and consequently direct the respondents to promote the

                      petitioners herein to the post of Forest Rangers for the year 2018-19


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                                                                          W.P.No.25198 of 2019

                      in the existing vacancies of Forest Range Officers and grant them all

                      consequential service and monetary benefits.



                                 For Petitioners   : Mr.K.Venkataramani, Senior Counsel
                                                     for Mr.M.Muthappan


                                 For Respondents : Mr.M.Elumalai,
                                                   Government Advocate


                                                    ORDER

The petitioners have filed this writ petition seeking to issue a Writ of Mandamus, directing the 3rd respondent to prepare a panel of Foresters fit for promotion to the category of Forest Rangers for the year 2018-19 with crucial date as 15/08/2018 issued by him in Ref.No.B2/44597/2018 dated 14.02.2019 by including their names in the said panel based on the relaxation granted by the 1st respondent in G.O.Ms.No.119, Environmental and Forests (FR.2) Department dated 23/08/2018 and consequently direct the respondents to promote the petitioners herein to the post of Forest Rangers for the year 2018-19 in the existing vacancies of Forest Range Officers and grant them all consequential service and monetary benefits. 3/6 http://www.judis.nic.in W.P.No.25198 of 2019

2.Heard the learned Senior Counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.

3.The learned Senior Counsel appearing for the petitioners would submit that the petitioners have made a representation dated 22.05.2019 to the 3rd respondent seeking to promote them, but the the 3rd respondent has refused to comply with the same and also not prepared the panel for the year 2018-19 for which crucial date is 15.08.2018. Even after a lapse of one year, the panel has not been prepared and till date, the petitioners' representation was also not considered. Hence, it would suffice, if this Court issues direction to the respondents to consider the petitioners' representation and pass appropriate orders, within the time frame fixed by this Court.

4. Considering the facts and circumstances of the case and since the petitioners made a representation dated 22.05.2019 and the same was not considered, I am inclined to issue a direction to the 2 nd respondent to consider the representation of the petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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5. The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

09.09.2019 ssn Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1.The Principal Secretary to Government, Government of Tamil Nadu, Environment & Forest (FR.1) Department, Fort St.George, Chennai-600 009.

2. The Principal Secretary to Government, Government of Tamil Nadu, Personnel & Administrative Reforms, Fort St.George, Chennai-600 009.

3. The Principal Chief Conservator of Forest (Head of Department), Panagal Maligai, Saidapet, Chennai-600 015.

4. The Additional Principal Chief Conservator of Forest (Administration), Panagal Maligai, Saidapet, Chennai-600 015.

5. The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai-600 003, Tamil Nadu.

5/6 http://www.judis.nic.in W.P.No.25198 of 2019 M.DHANDAPANI,J.

ssn W.P.No.25198 of 2019 and W.M.P.Nos.24771 and 24775 of 2019 09.09.2019 6/6 http://www.judis.nic.in