Madras High Court
V.Selvendiran vs Government Of Tamil Nadu on 26 July, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.36750 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.36750 of 2015
and
M.P.No.1 of 2015
V.Selvendiran ...Petitioner
Vs.
1.Government of Tamil Nadu,
Rep.by the Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai – 600 009.
2.The Managing Director,
Tamil Nadu Forest Plantation Corporation Ltd.,
(TAFCORN)
Karur Road, Mallachipuram,
Kambarasampettai,
Tiruchirapalli – 620 101. ..Respondents
Prayer : Writ Petition filed Under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the Respondents herein to consider
the claim of the petitioner for appointment on compassionate grounds as
Forester notionally with effect from the date of his initial appointment on
15.11.1999 instead of Forest Guard on compassionate grounds and to grant
the Petitioner all consequential service and notional benefits.
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.36750 of 2015
For Petitioner : Mr.M.Ravi
For Respondents : Mr.M.Bindran
Additional Government Pleader
[For R1 & R2]
ORDER
The relief sought for in the present writ petition is to direct the Respondents to consider the claim of the petitioner for appointment on compassionate grounds as Forester notionally with effect from the date of his initial appointment on 15.11.1999 instead of Forest Guard on compassionate grounds and to grant the Petitioner all consequential service and notional benefits.
2. With reference to the claim of the writ petitioner, the 2nd respondent filed a counter affidavit, stating that the petitioner has not possessed the requisite educational qualification for the post of Forester at the time of his appointment during the year 1999. In this regard, Paragraph 8 of the counter affidavit is extracted hereunder:
“8. It is submitted that as per Tamilnadu Forest Subordinate Service Rules and TAFCORN Service Regulations, 1974, the prescribed education qualification for the post of 2/5 https://www.mhc.tn.gov.in/judis W.P.No.36750 of 2015 Forester by direct recruitment is “Any Degree (including Arts)” till the year 2014. Accordingly, Thiru V.Selvendiran has not possessed his BBM degree at the time of his appointment (as Forest Guard) during 1999. Hence he was appointed as Forest Guard. Subsequently, he has been promoted as Forester based on his seniority in the post of Forest Guard. Therefore, the contention of the petitioner is false.”
3. In view of the fact that the petitioner has not possessed the requisite educational qualification for the post of Forester at the time of his appointment, no further consideration is required.
4. Accordingly, the writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
26.07.2022 Index : Yes Speaking order:Yes kak 3/5 https://www.mhc.tn.gov.in/judis W.P.No.36750 of 2015 To
1.The Secretary to Government, Environment and Forest Department, Secretariat, Chennai – 600 009.
2.The Managing Director, Tamil Nadu Forest Plantation Corporation Ltd., (TAFCORN) Karur Road, Mallachipuram, Kambarasampettai, Tiruchirapalli – 620 101.
4/5https://www.mhc.tn.gov.in/judis W.P.No.36750 of 2015 S.M.SUBRAMANIAM, J.
kak W.P.No.36750 of 2015 26.07.2022 5/5 https://www.mhc.tn.gov.in/judis