Madras High Court
The State Of Tamil Nadu vs M.Ettiyan on 3 April, 2023
W.A.No. 319 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No. 319 of 2017
and
CMP.No.19038 of 2016
1. The State of Tamil Nadu
Rep. By its Secretary,
Environment and Forests (FR2) Department,
Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Maligai,
Saidapet, Chennai – 600015.
3.The District Forest Officer,
Villupuram. ..Appellants
Vs
1.M.Ettiyan
2.V.Mayakannan ..Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order of this Court made in W.P.No. 280 of 2014, dated
29.01.2015.
Page 1 of 6
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W.A.No. 319 of 2017
For Appellants : Mr. V.Manoharan, AGP
For Respondents : Mr.P.Munisami – R1
R2 – Given Up.
JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the order of this Court made in W.P.No. 280 of
2014, dated 29.01.2015, the instant writ appeal has been filed.
2. The brief facts leading to filing of the Writ Appeal, is as
follows.
The 1st respondent/writ petitioner herein was initially worked as
temporary plot watcher w.e.f. 01.05.1983. The Government of
Tamilnadu taking into account the fact that temporary Plot Watchers
have been working for years together issued an order in G.O.Ms. No.
64 Environment and Forests Department, dated 08.03.1999 for
preparation of statewide seniority list of Plot Watchers and Social
Forestry Workers for the purpose of their absorption. The name of the
petitioner was found in the statewide seniority list at serial no. 2723,
but the 2nd respondent herein whose seniority was at serial no.2739
was considered for regularisation in the post of Plot Watcher. Hence
https://www.mhc.tn.gov.in/judis
W.A.No. 319 of 2017
the 1st respondent has filed a writ petition in W.P.No.280 of 2014 to
quash the orders passed by the respondents/appellants herein and to
appoint him the petitioner from the date on which the 2 nd respondent
herein was appointed as Plot Watcher and to pay all monetary
benefits, seniority and other consequential benefits. The learned
Single by order dated 29.01.2015 has allowed the said writ petition
directing the 3rd respondent/3rd appellant herein to consider the case of
the writ petitioner to appointment to the post of Plot Watcher taking
into account his seniority position and in the light of G.O.Ms.No.95
Environment and Forests Department, dated 07.08.2009. Challenging
the same, the present writ appeal is filed by the appellant-Department.
3. Heard both sides and perused the materials available on
record.
4. It is represented by the learned counsel appearing for the 1st
respondent/writ petitioner that the 1st respondent died two years back
and therefore, the impugned order of the learned Single Judge
directing the appellants herein for appointment of the 1st respondent
to the post of Plot Watcher is liable to be confirmed.
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W.A.No. 319 of 2017
5. The challenge in this appeal pertains to the directions issued
by the learned Single Judge regarding the appointment of the 1st
respondent as a Plot Watcher. However, it has been brought to our
attention by the learned counsel for the 1st respondent that the said
1st respondent has passed away two years back. In such
circumstances, We cannot pass any orders in relation to the
appointment of the deceased 1st respondent, that is the subject of this
appeal, and the appeal is liable to be dismissed.
6. In the result, the writ appeal is dismissed. The order of the
learned Single Judge in W.P.No. 280 of 2014, dated 29.01.2015 is
confirmed. The appellants are directed to pay the service benefits of
the deceased 1st respondent to his legal heirs, upon receipt of
request/representation received from them. No costs. Consequently
connected Miscellaneous Petition is closed.
(D.K.K.J.) (K.G.T.J.)
03.04.2023
Index : Yes/No
Internet : Yes/No
ak
https://www.mhc.tn.gov.in/judis
W.A.No. 319 of 2017
To
1. The Secretary,
Environment and Forests (FR2) Department,
Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Maligai,
Saidapet, Chennai – 600015.
3.The District Forest Officer,
Villupuram.
https://www.mhc.tn.gov.in/judis
W.A.No. 319 of 2017
D.KRISHNAKUMAR, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
ak
W.A.No. 319 of 2017
and
CMP.No.19038 of 2016
03.04.2023
https://www.mhc.tn.gov.in/judis
