Madras High Court
M.Saminathan vs The Government Of Tamil Nadu ... on 27 July, 2021
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.Nos.15479, 15480, 15485, 15486, 15488, 15490 & 15492/2021
[Video Conferencing]
M.Saminathan .. Petitioner
in
WP.No.15479/2021
K.Krishnan .. Petitioner
in
WP.No.15480/2021
N.Muthusamy .. Petitioner
in
WP.No.15485/2021
M.Munichamy .. Petitioner
in
WP.No.15486/2021
M.Pandi .. Petitioner
in WP.No.15488/2021
C.Chinnaiya .. Petitioner
in WP.No.15490/2021
A.Chinnaiya .. Petitioner
in WP.No.15492/2021
Vs
1.The Government of Tamil Nadu represented by
Secretary to Government
Forest and Environment Department
Fort St George, Chennai-9.
http://www.judis.nic.in 1
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
2.The Principal Chief Conservator of Forest
Panagal Building, Saidapet,
Chennai – 15. .. Respondents
in all WPs
Common Prayer:- Writ Petitions filed under Article 226 of the
Constitution of India to issue a writ of mandamus directing the respondents
herein to appoint the petitioners in the cadre of Forest Watcher by relaxing
Rule 5 of the Special Rules of Tamil Nadu Forest Subordinate Service
Rules with respect to height on par with their juniors by considering their
representations dated 01.04.2021 ; 29.03.2021 ; 13.10.2020 ; 07.04.2021 ;
30.03.2021 ; 30.03.2021 ; and 30.03.2021 in the light of the order passed
in WP.No.9708/2014 dated 12.09.2014, WP.No.25274/2014 dated
17.09.2014, WA.No.1703/2014 dated 20.01.2015, SLP [Civil]
No.12056/2015 dated 05.07.2016, and Ref.No.LL2/31604/2014 dated
10.02.2020 and also G.O.[Ms] No.49, Environment and Forests [FR2-II]
Department dated 01.09.2020 with all consequential benefits and confer all
consequential benefits.
For Petitioners in
all WPs : Mr.G.Chandrasekar
For Respondents in
all WPs : Mr.C.Kathiravan
Government Advocate
COMMON ORDER
1. By consent, these writ petitions are taken up for final disposal and
disposed of by this common order as the issue to be adjudicated in
the writ petitions is one and the same.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the respondents in all the writ petitions.
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
3. The above writ petitions have been filed seeking a direction to the
respondents to consider their respective representations dated
01.04.2021 ; 29.03.2021 ; 13.10.2020 ; 07.04.2021 ; 30.03.2021 ;
30.03.2021 ; and 30.03.2021 for appointment to the post of Forest
Watcher by giving the benefit of relaxation of height rule, viz., Rule
5 of the Special Rules of the Tamil Nadu Forest Subordinate Service
Rule.
4. The learned counsel for the petitioners would submit that the matter
in issue is squarely covered by the orders of this Court as well as the
Hon'ble Supreme Court of India and the subsequent Government
Order and Government Letter, viz., WP.Nos.9708/2014 and
25274/2014 dated 12.09.2014 and 17.09.2014 ; WA.No.1703/2014
dated 20.01.2015 ; SLP [Civil] No.12056/2015 dated 05.07.2016 ;
Ref.No.LL2/31604/2014 dated 10.02.2020 and also G.O.[Ms]
No.49, Environment and Forests [FR2-II] Department dated
01.09.2020 and prays that the petitioners will be satisfied if a
direction is issued to the respondents to consider their respective
representations seeking the aforesaid relief, by taking into
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
consideration the above decisions/judgments/Government
Letter/Government Order.
5. The Court heard the submissions of the learned Government
Advocate appearing for the respondents.
6. Considering the limited scope of prayer sought for by the petitioners
in these writ petitions, this Court, without expressing any opinion on
the merits of the petitioners' representations dated 01.04.2021 ;
29.03.2021 ; 13.10.2020 ; 07.04.2021 ; 30.03.2021 ; 30.03.2021 ;
and 30.03.2021 respectively, directs the 1st respondent to consider
and dispose of the said representations, by taking into consideration
the judgments/decisions/Government Letter/Government Order [cited
supra] on merits and in accordance with law and pass appropriate
orders within a period of twelve weeks from the date of receipt of a
copy of this order and communicate the decision taken, to the
petitioners herein.
7. The writ petition stands disposed of accordingly. No costs.
27.07.2021
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
AP
Internet : Yes
To
1.The Secretary to Government
Government of Tamil Nadu
Forest and Environment Department
Fort St George, Chennai-9.
2.The Principal Chief Conservator of Forest
Panagal Building, Saidapet,
Chennai – 15.
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
S.S.SUNDAR, J.,
AP
WP.Nos.15479, 15480, 15485,
15486, 15488, 15490 & 15492/2021
27.07.2021
http://www.judis.nic.in 6
