IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 3473 of 2011
1. M.Chandran [Deceased]
2. Malathi [2nd Petitioner substituted as LR of the deceased 1st Petitioner vide Order dated 18.11.2013 by DHPJ in M.P.No.1 of 2012] Vs.
1. The Government of Tamil Nadu, rep. By The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai-600 009.
2. The Chief Conservator of Forest, Panagal Building, Saidapet, Chennai – 600 015.
.. Petitioner
3. The Divisional Forest Officer, Vellore Circle. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to promote as Forest Guard as per select list dated 19.01.1995 and include in the seniority list over and above his juniors and promote him as Forest Guard in line with the order dated 18.03.2010 passed in W.P.No.442/2009 and further to grant all consequential benefits on the basis of petitioner request.
For Petitioner : M/s.G.Thiyagarajan For Respondents : Mr.N.Inbanathan, G.A.
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O R D E R
Heard Mr.G.Thiyagarajan, learned counsel appearing for the petitioner and Mr. N.Inbanathan, learned Government Advocate appearing on behalf of the respondents.
2. The petitioner has come up with the present writ petition praying to direct the respondents to promote the petitioner as Forest Guard as per select list dated 19.01.1995 and include him in the seniority list over and above his juniors and promote him as Forest Guard in line with the order dated 18.03.2010 passed in W.P.No.442 of 2009 and further grant all consequential benefits to the petitioner.
3. The learned counsel for the writ petitioner submitted that the writ petitioner died and therefore his legal heir (wife) has been substituted in the cause title, as the writ petitioner in the present writ petition.
4. In the event of the petitioner being considered for promotional post by the respondents as Forest Guard as prayed for in the writ petition, the impleaded petitioner is only entitled for the benefits that may accrue to her husband. Therefore, the petitioner is directed to file fresh representation to the second respondent and the same shall be considered on merits and in accordance with law. The learned Government Advocate also agreed for the said course.
5. Considering the above, liberty is granted to the 2nd petitioner to make a fresh application for considering the promotion of her deceased husband (1st petitioner herein) on the basis of the earlier representation dated 07.06.2010 made by the her husband, within a period of two weeks from the date of receipt of a copy of this order. On such representation being made by the 2nd petitioner wife, the second respondent is directed to consider the same, on merits and in accordance with law and pass appropriate orders, as early as possible, preferably within a period of three months thereafter.
6. With the above directions, the Writ Petition is disposed of. No Costs.
02.02.2017 Index: Yes/ No Internet:Yes/No kmi D. KRISHNAKUMAR J.
kmi To
1. The Government of Tamil Nadu, rep. By The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai-600 009.
2. The Chief Conservator of Forest, Panagal Building, Saidapet, Chennai – 600 015.
3. The Divisional Forest Officer, Vellore Circle.
W.P. No. 3473 of 2011
02.02.2017 http://www.judis.nic.in