Madras High Court
Sudalaimuthu vs The Principal Chief Conservator ... on 3 March, 2021
W.P.(MD) No.4265 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.4265 of 2021
Sudalaimuthu ...Petitioner
Vs.
1.The Principal Chief Conservator of Forest,
Collector Office near,
Thoothukudi District.
2.The District Forest Officer/Wild Life Warden,
North Main Street,
N.G.O.A Colony,
Tirunelveli-627 007.
3.The Forest Range Officer,
Forest Range Office,
Courtallam,
Tenkasi District.
4.The Principal Accountant General,
Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-600 018. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents 1 to 3
to count the half of the service rendered by the petitioner as a social
forestry worker from 26.10.1984 to 06.08.2009 along with his regular
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W.P.(MD) No.4265 of 2021
service as Plot Watcher/Bangalow Watcher from 07.08.2009 to
29.02.2020 as the qualifying service for pension/pensionary benefits and
to send the revised pension proposal to the fourth respondent to sanction
the eligible pension and all other terminal benefits with arrears to the
petitioner as granted to other similarly placed persons in reported
judgment 2014 (6) MLJ 316 and in W.P(MD) No.18975 of 2015 and
W.P(MD) No.10970 of 2019 and in G.O.(3D) No.15, Environment and
Forest (FR.211) Department dated 27.05.2019.
For Petitioner : Mr.S.Sivasubramanian
For R-1 to R-3 : Mr.S.Dhayalan
Government Advocate
For R-4 : Mr.P.Gunasekaran
ORDER
By consent of both parties, this writ petition is taken up for
final disposal at the stage of admission itself.
2.Since the petitioner's request to the respondents to count
the half of the service rendered by him as a social forestry worker from
26.10.1984 to 06.08.2009 along with his regular service as Plot
Watcher/Bangalow Watcher from 07.08.2009 to 29.02.2020 as the
qualifying service for pension/pensionary benefits and to send the
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W.P.(MD) No.4265 of 2021
revised pension proposal to the fourth respondent to sanction the eligible
pension and all other terminal benefits with arrears to him was not
considered, the Writ Petition has been filed. According to the petitioner,
he has made a representation in this regard on 13.03.2020, which is still
pending.
3. It is needless to point out that whenever a representation
of this nature is made to a Statutory Authority, there is a duty cast upon
the respondents to consider the same on its own merits and pass
appropriate orders in one way or other, instead of keeping the same
pending indefinitely. As such, non-consideration of the representation by
the Statutory Authority would amount to dereliction of duty and hence
this Court will be justified in invoking its extraordinary powers under
Article 226 of Constitution of India and direct them to consider the same
within a stipulated time.
4. In the light of the above observations, it would be
appropriate to direct the respondents 1 to 3 herein to consider the
petitioner's representation dated 13.03.2020, within a stipulated time and
thereby the ends of justice could be secured. It is made clear that this
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W.P.(MD) No.4265 of 2021
Court has not expressed any of its view with regard to the merits of the
claim of the petitioner and that it is open to the concerned respondent to
consider the same on its own merits.
5.Accordingly, there shall be a direction to the respondents
1 to 3 to consider the petitioner's representation dated 13.03.2020, on its
own merits and pass appropriate orders in accordance with law, within a
period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of.
No costs.
03.03.2021
Index : Yes / No
Internet : Yes / No
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NOTE:
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.P.(MD) No.4265 of 2021
To
1.The Principal Chief Conservator of Forest,
Collector Office near,
Thoothukudi District.
2.The District Forest Officer/Wild Life Warden,
North Main Street,
N.G.O.A Colony,
Tirunelveli-627 007.
3.The Forest Range Officer,
Forest Range Office,
Courtallam,
Tenkasi District.
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W.P.(MD) No.4265 of 2021
M.S.RAMESH, J.
cp
W.P.(MD) No.4265 of 2021
03.03.2021
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