Madras High Court
N.Sivakumar vs The State Of Tamil Nadu on 23 September, 2014
Author: B.Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2014
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.No.32837 of 2012
and
M.P.No.1 of 2014
N.Sivakumar ... Petitioner
vs.
1. The State of Tamil Nadu
rep.by its Secretary to Government
Forest & Environment Department
Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of
Forests, Jeenis Road, Panagal Building
Saidapet, Chennai 600 015.
3. The Conservator of Forests
Coimbatore Region
Coimbatore 641 043.
4. The District Forest Officer
Coimbatore Division
Coimbatore 641 043. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of certiorarified mandamus to call for the records on the file of the first respondent in connection with the order passed in Proceedings in Letter No.25792/Forest-2/2010-11 dated 12.12.2011; to quash the same and consequently to direct the respondents to consider the case of the petitioner for the post of Forest Guard by creating promotional avenue for the post of Driver in Tamil Nadu Forest Subordinate Service Rules with effect from the date of recommendation made by the Conservator and the District Forest Officer, i.e., respondents 3 and 4 on 05.07.2010.
For petitioner : M/s.Lesi Saravanan
For respondents : Mr.N.Inbanathan
Government Advocate(Forests)
ORDER
The prayer in the writ petition is to quash the order dated dated 12.12.2011 passed by the first respondent and consequently to direct the respondents to consider the case of the petitioner for the post of Forest Guard by creating promotional avenue for the post of Driver in Tamil Nadu Forest Subordinate Service Rules with effect from the date of recommendation made by the Conservator and the District Forest Officer, i.e., respondents 3 and 4 on 05.07.2010.
2. Heard both sides.
3. After some elaborate arguments, the learned counsel appearing for the petitioner herself produced a copy of the proceedings dated 04.06.2013 issued in Na.Ka.No.AAa2/1960/2013 by the second respondent and would submit that the respondents have sent a draft proposal for amendment of the rules to the Government for promotion of Drivers to the post of Forest Guard and that proposal is pending till date. She would also rely upon the judgment of the Hon'ble Supreme Court reported in (2008) 5 SCC 100 [Food Corporation of India and others vs. Parashotam Das Bansal and others] wherein the Hon'ble Supreme Court has held that "when employees are denied an opportunity of promotion for long years (in this case 30 years) on the ground that they fell within a category of employees excluded from promotional prospect, the superior court will have the jurisdiction to issue necessary direction." Accordingly, she would only pray that the petitioner would be satisfied if a direction is issued by this Court to the authorities concerned to approve the said draft proposal within a time frame.
4. Learned Government Advocate appearing on behalf of the respondents would also submit that the draft proposal referred to by the petitioner is pending with the first respondent for its approval.
5. In view of the above submission, it is suffice to direct the first respondent to consider the draft proposal dated 04.06.2013 pending on its file, within a time frame. Accordingly, the first respondent is directed to pass appropriate orders on the draft proposal within a period of four months from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.
23.09.2014 vj2 Index :Yes/No vj2 To
1. The Secretary to Government of Tamil Nadu Forest & Environment Department Fort St.George, Chennai 600 009.
2. The Principal Chief Conservator of Forests, Jeenis Road, Panagal Building Saidapet, Chennai 600 015.
3. The Conservator of Forests Coimbatore Region Coimbatore 641 043.
4. The District Forest Officer Coimbatore Division Coimbatore 641 043.
B.RAJENDRAN,J vj2 WP No.32837 of 2012 16.09.2014