Madras High Court
The Principal Chief Conservator ... vs M.Pandian on 30 June, 2021
W.A.No.1480 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1480 of 2021
and C.M.P.No.9423 of 2021
(Heard through VC)
1. The Principal Chief Conservator of Forests,
Panagal Buildings,
Chennai - 600 015.
2. The Conservator of Forest,
Dharmapuri Circle, Dharmapuri.
3. The District Forest Officer,
Harur Division,
Harur, Dharmapuri District.
4. The District Employment Officer,
Dharmapuri.
5. The Government of Tamil Nadu,
Represented by Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai - 600 009. .. Appellants
Vs.
M.Pandian .. Respondent
***
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W.A.No.1480 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to allow the
Writ Appeal, set aside the order made in W.P.No.7147 of 2008, dated
01.04.2019.
***
For Appellant : Mr.R.Neelakandan
State Government Counsel
For Respondent : Ms.Priya Ram
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order dated 01.04.2019
passed by the learned Single Judge in W.P.No.7147 of 2008.
2. In the said Writ Petition, the learned Single Judge had observed
in paragraph 5 as follows:
"5.In the present case, the question is
whether the petitioner is entitled to get the benefit
of G.O. Ms.No.22 P & A.R. Department dated
28.02.2006. Admittedly, the petitioner has been
continuously working in the Forest Department for
more than 23 years without any interruption as a
Jeep Driver. Since the petitioner has completed
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W.A.No.1480 of 2021
more than ten years of service as on 01.01.2006 as
prescribed in G.O. Ms. No.22, it is a fit case for
regularisation of the service of the petitioner and
therefore, this Court finds no impediment to direct
the respondents to regularise the service of the
petitioner. Accordingly, the Principal Chief
Conservator of Forests, Chennai, the first
respondent herein is hereby directed to send a
proposal to the Secretary to Government,
Environment and Forest Department, the fifth
respondent herein to regularise the service of the
petitioner within a period of four weeks from the
date of receipt of a copy of this order. On receipt
of the same, the fifth respondent is hereby directed
to accept the proposal and regularise the service
of the petitioner within a period of four weeks
thereafter. With the above direction, the writ
petition is disposed of. Consequently, connected
M.Ps are closed. No costs".
Aggrieved by the above said order, directing the appellants to regularise the
service of the writ petitioner, the above Writ appeal has been filed by the
State.
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W.A.No.1480 of 2021
3. The learned State Government Counsel appearing for the
appellants has produced a copy of the order passed by the First Bench of this
Court in a batch of Writ Appeals in W.A.Nos.391 of 2020 etc., dated
13.03.2020, wherein, in paragraphs 7 and 8, it has been held as follows:-
" ...7. We have considered the submissions raised
and we find no reason to differ from the view taken by the
Division Bench while confirming the judgment of the
learned Single Judge, issuing directions for regularization
will be given effect to being sub-judice before the Apex
Court, we direct that the respondents/petitioners shall be
regularized and so far as the date of regularization is
concerned, the same will be governed by the outcome of the
judgment of the Apex Court.
8. The learned Additional Advocate General, on
instructions, states that the respondents/petitioners will be
regularized and the regularization orders will be issued
within four weeks from the date of production of a copy of
this order. We record this and direct accordingly."
4. Pursuant to the said order passed in W.A.No.391 of 2020 etc.,
dated 13.03.2020, G.O.(Ms).No.8, Environment and Forests (FR.2-II)
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W.A.No.1480 of 2021
Department, dated 22.01.2021 was passed implementing the same by
regularizing the service of the writ petitioner therein. The same benefit will
have to be given to the writ petitioner in this case also.
5. In the light of the above said G.O., this Writ appeal is disposed
of on the same terms. The fifth appellant is hereby directed to accept the
proposal and regularize the service of the respondent/writ petitioner, within
a period of four weeks from the date of receipt of a copy of this judgment.
Consequently, connected miscellaneous petition is closed. No costs.
[P.S.N. J.] [K.R. J.]
30.06.2021
Index : Yes / No
Internet : Yes/No
srn
To
1. The Principal Chief Conservator of Forests,
Panagal Buildings,
Chennai - 600 015.
2. The Conservator of Forest,
Dharmapuri Circle, Dharmapuri.
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W.A.No.1480 of 2021
3. The District Forest Officer,
Harur Division,
Harur, Dharmapuri District.
4. The District Employment Officer,
Dharmapuri.
5. The Secretary to Government,
Government of Tamil Nadu,
Environment and Forest Department,
Secretariat, Chennai - 600 009.
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W.A.No.1480 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.1480 of 2021
and C.M.P.No.9423 of 2021
30.06.2021
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