Madras High Court
S. Govindan vs Government Of Tamil Nadu on 29 June, 2017
Author: T. Raja
Bench: T. Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.06.2017 CORAM: THE HON'BLE MR. JUSTICE T. RAJA W.P. No.16300 of 2017 & W.M.P. No.17631 of 2017 1 S. Govindan 2 K.S. Somasekar 3 K. Balakrishnan 4 C. Mahendran 5 M. Saravanan 6 M.P. Senthil Kumar Petitioners vs. 1 Government of Tamil Nadu represented by its Secretary Environment and Forest Department Chennai 600 009 2 The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet Chennai 600 015 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to select and promote the petitioners to the post of Forest Range Officer in the panel year 2016-2017 dated 19.06.2017 without insisting remaining four days of service as on the crucial date, viz., 15.08.2016 for completion of six years of service in the post of Forester, on par with their juniors, with all consequential benefits in the light of the order dated 22.11.2016 in W.P.No.40881 of 2016 and by considering their representation dated 27.04.2017 and 22.06.2017 within a specified time limit. For petitioners Mr. T. Chellapandian for Mr. S. Mani For RR 1 & 2 Mr. E. Manoharan Addl. Government Pleader (Forest) ORDER
Mr. E. Manoharan, learned Additional Government Pleader (Forest), accepts notice for respondents 1 and 2. With the consent of the learned counsel for the petitioners and the learned Additional Government Pleader appearing for respondents 1 and 2, this writ petition is taken up for final disposal, at the admission stage itself.
2 This writ petition has been preferred seeking a writ of mandamus directing the respondents to select and promote the petitioners to the post of Forest Range Officer in the panel year 2016-2017 dated 19.06.2017, without insisting remaining four days of service as on the crucial date, viz., 15.08.2016, for completion of six years of service in the post of Forester, on par with their juniors, with all consequential benefits in the light of the order dated 22.11.2016 in W.P.No. 40881 of 2016 and by considering their representations dated 27.04.2017 and 22.06.2017 within a specified time limit.
3.1 The petitioners joined service of the Forest Department as Forest Guards on 27.06.1997, 27.06.1997, 14.08.1997, 11.04.1997, 14.09.1998, and 22.03.1999 respectively. Thereafter, a panel was drawn for promotion to the post of Forester for the year 2009-2010, taking the crucial date as 15.08.2010. Fortunately, the petitioners' names were also included at Sl. Nos.149, 154, 164, 99, 190 and 207 respectively. Based on the same, all the petitioners were promoted to the post of Forester. In the meanwhile, the persons who were juniors in the panel and who were promoted as Foresters, along with the petitioners, joined as Foresters and the next avenue of promotion is to the post of Forest Range Officer.
3.2 As per the special rules, viz., Tamil Nadu Forest Subordinate Service Rules, a Forester must complete 8 years of service for promotion to the post of Forest Range Officer. While so, G.O. Ms. No.71, Environment and Forest Department dated 08.06.2017 was issued relaxing the condition to acquire 8 years of service in the cadre of Forester to six years for promotion to the post of Forest Range Officer. On that basis, the second respondent also drew a panel for promotion to the post of Forest Range Officer. In the said panel, against Sl. Nos. 147, 151, 156, 52, 173 and 179 wherein the petitioners were placed, there was a remark saying not selected on the ground that the petitioners did not complete six years of service, because, there is a shortage of 4 days of service for completion of the said six years period.
3.3 Therefore, the petitioners who are waiting all these days, addressed representations dated 27.04.2017 and 22.06.2017 to the respondents 1 and 2 to consider their case sympathetically, as they are running short of just four days. Inasmuch as the said representations are still under consideration, the petitioners have preferred this writ petition seeking the aforesaid relief. It is also brought to the notice of this Court that posting orders were issued to petitioners 1,2,4 and 5 on 18.08.2010 and they had also joined the post of Forester on 19.08.2010.
T. RAJA, J cad 4 Since concededly the petitioners' aforesaid representations dated 27.04.2017 and 22.06.2017 are still unanswered, the respondents 1 and 2 are directed to consider the same on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this writ petition stands disposed of. Costs made easy.
29.06.2017 cad To 1 The Secretary Environment and Forest Department Government of Tamil Nadu Chennai 600 009 2 The Principal Chief Conservator of Forest Office at Panagal Maaligai Saidapet Chennai 600 015 W.P. No.16300 of 2017