Madras High Court
M.Selvaraju vs Government Of Tamil Nadu on 30 September, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.21077 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE D : 30.09.2021
CORAM
The Hon'ble Mr. Justice C.SARAVANAN
Writ Petition No.21077 of 2021
(Through Video Conferencing)
M.Selvaraju
Forest Guard,
Attur Range,
Salem Division & Circle. ... Petitioner
Vs.
1.Government of Tamil Nadu
Rep. by its Secretary,
Environment and Forest Department,
Fort St. George,
Chennai – 600 009.
3.The Principal Chief Conservator of Forest,
Panagal Building, Saidapet,
Chennai – 600 015. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the third Respondents to include the
post of Forester for the year 2011-2012, give notional promotion to the
Petitioner to the post of Forester on par with their juniors (i.e.) 18.04.2013
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W.P.No.21077 of 2021
without insisting for completion of Vaigai Dam Training within specified
period on 18.04.2013 in the light of the order passed by this Court in
W.P.No.1341 of 2015 dated 01.06.2015 and W.P.No.40881 of 2016 dated
22.11.2016 same was affirmed by Division Bench in W.A.No.2682 of 2019
dated 07.07.2021 and W.P.No.12840 of 2017 dated 02.08.2021 with all
consequential service and monetary benefits.
For Petitioner : Mr.A.Ramesh
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate
ORDER
This writ petition is disposed of at the time of admission since the issue is no longer res integra. The issue is covered by the order of this Court in W.P.No.19012 of 2021 dated 09.09.2021 and in W.P.No.128040 of 2017 vide order dated 02.08.2021. This Court followed the decision of the Division Bench of this Court in W.A.No.2682 of 2019 vide order dated 07.07.2021, wherein the Division Bench held as under:-
''6. The learned State Government Counsel appearing for the appellants contended that the learned Single Judge had not considered Rule 5 of the Tamil Nadu Forest Subordinate Service Rules in regard to the other qualification in respect of promotion to the post of Forester. The relevant rule is extracted hereunder:
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5. OTHER QUALIFICATION No person shall be eligible for appointment to the class, category and grade specified in column (1) and by the method specified in column (2) of the table below unless he possess the qualifications specified in the corresponding entry in column (3) thereof. Class Category Method Qualifications 1 2 3 Class-1 2. Forester iv) promotion of Forest Guard (b) Must have successfully completed a course of training in a Tamil Nadu Forestry College, Vaigai Dam if he had not already undergone such training.
7. No doubt, the above said Rule 5 stipulates other qualification such as Vaigai Dam Training as mandatory. However, unless the appellants depute the respondents for such training at the appropriate time, they could not be expected to complete the same. The respondents, who are the employees, may not compel the appellants to depute them for the training. The alleged non-completion of the training by the writ petitioners/respondents herein within the stipulated period is not their fault and the same cannot be put against them, dis-entitling them from getting their promotion. It is also pointed out that the juniors to the respondents have marched ahead of them by getting a promotion Therefore, the contention of the learned State Government Counsel that a person can be promoted based on merit and ability apart from seniority and the departmental promotion committee alone is competent to recommend the person fit for promotion cannot be accepted.
8. The next contention of the learned State Government Counsel is that the juniors to the respondents were promoted only pursuant to the Court order, also is not acceptable. Therefore, the respondents cannot be prejudiced and deprived of their lawful promotion on the ground that they have not completed the training in the Tamil Nadu Forestry College, Vaigai Dam as prescribed under Rule 5 of the Tamil Nadu Forest Subordinate Service Rules.
9. In view of the above discussion, we are of the view that the learned Single Judge has rightly directed the appellants to include the names of the writ petitioners/respondents in the panel for the year 2011-2012 and promote them as Foresters from the date on which their juniors were promoted on notional basis. There is no infirmity or illegality in the above order and the same is confirmed.
10. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.'' https://www.mhc.tn.gov.in/judis/ 3 of 5 W.P.No.21077 of 2021
2. Therefore, this writ petition is allowed. Consequently, the Respondents are directed to implement this order within a period of eight weeks from the date of receipt of a copy of this order. No costs.
30.09.2021 Index : Yes/No Internet : Yes/No rrg To
1.Government of Tamil Nadu Rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai – 600 009.
3.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai – 600 015.
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