Madras High Court
P.Selvaraj vs The State Of Tamil Nadu on 10 March, 2021
W.P.No.6100 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.6100 of 2021
P.Selvaraj ... Petitioner
-vs-
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai.
2. The Principal Chief Conservator of Forest,
Panagal Building, Saidapet,
Chennai-600 015. ... Respondents
Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ
of Mandamus, directing the respondents to consider and pass orders on the
petitioner representation dated 29.10.2020 for appoint and promote the
pettioners as Forest Watchers with effect from the dated of their juniors
promotion in the light of the order passed in W.P.No.15561 of 2006 dated
10/03/2008, W.A.No.690 of 2008 dated 13/10/2009, W.P.No.23374 of 2008
dated 30/10/2009, W.A.No.607 of 2010 dated 20/03/2010 and 1st respondent in
his Government Letter No.24184 /FR 2 (II) 2017 - 1 dated 14/06/2018 and
G.O.Ms.No.08 Environment and Forest Department dated 21/01/2019 with all
consequential benefits.
For Petitioner : M/s.T.Dharani
For Respondents : Mr.M.Elumalai
Addl. Govt. Pleader
*****
ORDER
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W.P.No.6100 of 2021
The petitioner has filed this writ petition, seeking a direction to the
respondents to consider and pass orders on the petitioner's representation
dated 29.10.2020 in respect of promotion to the post of Forest Watchers with
effect from the date of his junior's promotion in the light of the order passed in
W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009,
W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010
and 1st respondent in his Government Letter No.24184 /FR 2 (II) 2017 - 1 dated
14/06/2018 and G.O.Ms.No.08 Environment and Forest Department dated
21/01/2019 with all consequential benefits.
2. Mr.M.Elumalai, learned Additional Government Pleader takes notice
for the Respondents. By consent on either side, the Writ Petition itself is taken
up for final disposal at the admission stage itself.
3. According to the petitioner, he joined the service as Plot Watcher on
23.02.1982 and he was brought into the regular time scale of pay in the cadre of
Forest Watcher on 23.04.2003. Though the Government had imposed a condition
of compulsory possession of SSLC certificate for holding the regular post of
Forest Watcher, by an order dated 22.12.1994, subsequently, it was revoked by
the Government on 08.03.1999, by fixing the eligibility criteria to read and
write Tamil. It is the grievance of the petitioner that though petitioner was
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W.P.No.6100 of 2021
allotted Sl.No.1267 in the State Wide Seniority List, the said list has not been
followed strictly, as a result of which, his junior by name M.Subramanian, who
joined on 23.05.1983, was appointed as Forest Watcher. Hence, aggrieved by
such wrong appointment, the petitioner made a representation dated
29.10.2020 to the respondents and since the same did not evoke any response,
the petitioner is before this Court for a suitable direction.
4. Considering the facts and circumstances of the case and taking into
account the fact that the petitioner's representation dated 29.10.2020 is
already pending with the respondents, the Writ Petition is disposed of with the
following directions:
i) A direction is issued to the respondents herein to consider the
representation of the petitioner dated 29.10.2020, if not already disposed of,
and pass appropriate orders thereon, in accordance with law, after affording an
opportunity of hearing to the petitioner and other persons, if any, who are
likely to be affected, as expeditiously as possible, preferably within a period of
two months from the date of receipt of a copy of this order, in the light of
judgments and Governments Orders, referred to by the petitioner, if
applicable;
ii) In case the petitioner is unable to appear for personal hearing, the
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W.P.No.6100 of 2021
petitioner is entitled to send a written submission within a period of one month
from the date of receipt of a copy of this order through registered post or speed
post and the same shall be treated as personal hearing. It is made clear that the
petitioner can avail the opportunity of either personal hearing or filing written
submission and not both;
iii) In case the petitioner fails to appear or file a written submission in
time, the respondents shall pass orders based on the available records and the
petitioner, cannot at a later point of time take a stand that opportunity of
being heard is not given to the petitioner;
iv) The petitioner shall furnish Mobile Number, email ID, if any, etc.,
along with a copy of all the representation and this order, to the respondents
forthwith;
v) The respondents are directed to communicate the decision taken on
the representation, to the petitioner within a period of three weeks from the
date of decision taken thereon, by way of SMS/Email/registered post/speed
post, so that there is no need for the petitioner to file contempt after expiry of
the specified period. In case the authorities concerned fail to send
communication to the petitioner, they will have to face the civil imprisonment
in case of contempt proceedings. If they are unable to serve the order and the
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W.P.No.6100 of 2021
cover being returned un-served for one reason or the other, the same shall be
kept in the file without opening it for the proof of delivery, so that the
petitioner, later on, will not take a plea that the petitioner is not aware of the
order. No costs.
10.03.2021
Index: Yes / No
Speaking order: Yes / No
ar
To:
1. The Secretary to Government,
State of Tamil Nadu,
Environment and Forest Department,
Fort St.George, Chennai.
2. The Principal Chief Conservator of Forest,
Panagal Building, Saidapet,
Chennai-600 015.
https://www.mhc.tn.gov.in/judis/
W.P.No.6100 of 2021
S.VAIDYANATHAN, J.
ar
W.P.No.6100 of 2021
https://www.mhc.tn.gov.in/judis/
W.P.No.6100 of 2021
10.03.2021
https://www.mhc.tn.gov.in/judis/
