Madras High Court
I.Muthu @ Siluvainathan vs The State Of Tamil Nadu on 2 September, 2021
W.P.No.18370 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18370 of 2021
(Through Video Conferencing)
I.Muthu @ Siluvainathan ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep by it Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai – 9.
2.The Pirncipal Chief Conservator of Forest,
Panagal Building, Saidapet,
Chennai – 15.
3.The District Forest Officer,
Athur Forestry Division, Athur. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, to direct the respondents to appoint petitioner
as regular time scale Forest Watchers taking into account of petitioner
seniority, on par with my juniors with effect from 24.01.1995 for the
purpose of getting pension by implementing order made in
W.P.No.22768 of 2014 dated 22.08.2014 with all consequential benefits.
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W.P.No.18370 of 2021
For Petitioner : Mr.K.Jenitha
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate
ORDER
Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents.
2.It is noticed that a similar Writ Petitions were filed by
P.Sundaram and P.Govindan and 23 others in W.P.No.15561 of 2006 and
W.P.No.23374 of 2008 which were disposed by orders dated 10.03.2008
and 30.10.2009 respectively with a direction to consider their claim for
appointment as a Forest Watchers on par with their juniors.
3.Further appeals against the aforesaid orders were also dismissed
by the Hon'ble Division Bench of this Court in its Judgment dated
13.10.2009 & 29.03.2010 in W.A.No.690 of 2008 and W.A.No.607 of
2010 repectively.
4.The petitioner had filed W.P.No.22768 of 2014 which came to
be disposed along with a batch of other writ petitions in W.P.Nos.22762
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W.P.No.18370 of 2021
to 22769 of 2014 vide order dated 22.08.2014. In paragraph 5 it was
held as under:-
5.Considering the fact that the
petitioner' juniors were already regularised,
even before the petitioners could get
regularised, as per the decision referred to
above, it is appropriate to direct the
respondents to regularise the service of the
petitioners on par with their juniors as Forest
Watches, within a period of twelve weeks from
the date of receipt of a copy of this order. The
petitioners are entitled to only regularisation
from the date on which, the juniors were
regularised and they are not entitled to any
monetary benefits from that date.
5.Though order has been passed as early as 22.08.2014, the
petitioner has not been appointed as a regular Forest Watcher while some
of his contemporaries and juniors have already been appointed and
promoted as Forest Guards. The petitioner has also sent serveral
representations which has not evoked any positive response from the
respondents.
6.Considering the fact, that already an order has been passed by
this Court in writ petitions filed by the petitioner and others, the
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W.P.No.18370 of 2021
respondents have to comply with the same in absence of an order
reversing the same.
7.Therefore, this writ petition is disposed by directing the
respondent to implement the order dated 22.08.2014 in the writ petition
filed by the petitioner within a period of eight weeks from the date of
receipt of a copy of this order. No costs.
02.09.2021
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Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
To
1.The Secretary to Government,
State of Tamil Nadu,
Environment and Forest Department,
Fort St.George, Chennai – 9.
2.The Principal Chief Conservator of Forest,
Panagal Building, Saidapet,
Chennai – 15.
3.The District Forest Officer,
Athur Forestry Division, Athur.
https://www.mhc.tn.gov.in/judis/
W.P.No.18370 of 2021
C.SARAVANAN,J.
jas
W.P.No.18370 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
