High Court Madras High Court

K.Periyaswamy vs The Principal Chief Conservator … on 1 March, 2010

Madras High Court
K.Periyaswamy vs The Principal Chief Conservator … on 1 March, 2010
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2010

CORAM:

THE HONOURABLE MR. JUSTICE R.SUDHAKAR

W.P.NO.42418 of 2006
.......

K.Periyaswamy                                          	... Petitioner.

 Vs.

1.The Principal Chief Conservator of
     Forests,
   Chennai  600 015.

2.The Divisional Forest Officer,
   Social Forestry Division,
   Coimbatore  641 043.

3.The Forest Ranger,
   I.F.F. Range,
   Patramangalam,
   Sathyamangalam,
   Erode District.                                      		... Respondents.

PRAYER:     Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularise the services of the petitioner as Social Forestry Worker from 3.10.1984 and to absorb him as Forest Watcher and consequently to regularise the period from 16.6.2001 till his rejoining duty as period of 'Compulsory wait' and 'duty' for all purposes and to disburse the petitioner salary from 16.6.2001 till date.

                  	    For Petitioner          :   Mr.J.Muthukumaran

			    For Respondents	:   Mr.K.Rajasekar
							    Government Advocate


  O R D E R

The writ petition has been filed praying to issue a Writ of Mandamus, directing the respondents to regularise the services of the petitioner as Social Forestry Worker from 3.10.1984 and to absorb him as Forest Watcher and consequently to regularise the period from 16.6.2001 till his rejoining duty as period of ‘Compulsory wait and ‘duty’ for all purposes and to disburse the petitioner salary from 16.6.2001 till date.

2.The petitioner was appointed as a Social Forestry Worker on 1.10.1984. He was transfer from place to place and paid a consolidated a sum of Rs.250/- per month. Since, his services were not regularised, petitioner’s made several representations. According to the petitioner, the Government, taking into consideration the grievance of similarly placed persons, passed an order in G.O.Ms.No.64, Environment & Forest Department, dated 8.3.1999, directing the Principal Chief Conservator of Forest to prepare a state wide seniority list of Social Forestry Workers and absorb them in the posts of Forest Watchers, Mali, Office Assistants etc., in the existing and future vacancies.

3.The grievance of the petitioner is that his name was included in the seniority list but he was not absorbed as Forest Watcher. In the mean while, petitioner was served with the order of transfer from Patramangalam Forest Range to Arichalur and aggrieved by the same, he has made a representation to the first respondent on 23.06.2001 and further representation on 25.4.2005. The learned counsel for the petitioner now states that the grievance of the petitioner at present will be met if his representation dated 25.4.2005 is considered by the respondents.

4.Heard, Mr.K.Rajasekar, learned Government Advocate appearing for the respondents.

5.In view of the relief sought for now, the first respondent is directed to consider petitioner’s representation dated 25.4.2005 on its own merits and in accordance with law.

6.This writ petition stands disposed of accordingly. No costs.

Index		: Yes/No						01.03.2010
Internet	: Yes/No
vsm
R.SUDHAKAR,J.,
vsm
To
1.The Principal Chief Conservator of
     Forests,
   Chennai  600 015.

2.The Divisional Forest Officer,
   Social Forestry Division,
   Coimbatore  641 043.

3.The Forest Ranger,
   I.F.F. Range,
   Patramangalam,
   Sathyamangalam,
   Erode District.                                                                        								      W.P.No.42418 Of 2006















01.03.2010