Madras High Court
M.Veeraiya vs The State Of Tamil Nadu on 10 November, 2017
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W. P. NO.4980 of 2011
M.Veeraiya ...Petitioner
Vs.
1. The State of Tamil Nadu,
By its, Secretary to Government,
Environment and Forest Department,
Chennai 600 009.
2. The Principal Chief Conservator of
Forests and Head of Forest Force,
Panagal Buildings, Saidapet, Chennai 15.
3. The Conservator of Forests,
Dharmapuri Circle, Dharmapuri.
4. The District Forest Officer,
Dharmapuri. ...Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first respondent to dispose of the representation of the petitioner dated 04.10.2010 and pass orders within the time frame appointing him as Forest Guard in the Tamil Nadu Forest Sub-ordinate Service by recruitment by transfer from the Tamil Nadu Basic Service with retrospective effect from the date of such appointment of his immediate juniors who were recruited from the Tamil Nadu Basic Service and grant him all consequential service and monetary benefits.
For Petitioner : Mr.M.Ravi
For Respondents : Mr.M.Santhana Raman
Additional Government Pleader (Forest)
.........
O R D E R
The relief sought for in this writ petition is for a direction to the first respondent to dispose of the representation submitted by the writ petitioner on 04.10.2010.
2. The learned counsel appearing for the writ petitioner made a submission that the writ petitioner has passed VIII Standard and he was appointed as Office Assistant in the office of the Forest Ranger, Palacode, through the District Employment Exchange, Krishnagiri, in and by proceedings S.O.No.63/75 (C.No.1993/75/E2) dated 14.03.1975 and the writ petitioner joined duty on 17.03.1975. His service was confirmed in the post of Office Assistant. The petitioner claims that he is qualified for appointment to the post of Forest Guard by way of transfer of service under the provisions of Tamil Nadu Forest Subordinate Service, under Rule 4(b)(vi) of the Special Rules. In this regard he has submitted representations to the respondent on 25.10.2007 and 04.10.2010.
3. Thus, without going into the merits of the matter, this Court is inclined to consider the case of the writ petitioner. Accordingly, the second respondent is directed to consider the representations dated 25.10.2007 and 04.10.2010 submitted by the writ petitioner and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to submit a copy of the representations along with the order passed in this writ petition.
4. Accordingly, this writ petition stands disposed of. However, there is no order as to costs.
10.11.2017 av/dpq Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order S.M.SUBRAMANIAM, J.
av/dpq To
1. The Secretary to Government, Environment and Forest Department, Chennai 600 009.
2. The Principal Chief Conservator of Forests and Head of Forest Force, Panagal Buildings, Saidapet, Chennai 15.
3. The Conservator of Forests, Dharmapuri Circle, Dharmapuri.
4. The District Forest Officer, Dharmapuri.
WRIT PETITION NO.4980 of 2011 10.11.2017