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2013 DIGILAW 742 (MAD)

K. Doraian v. Government of Tamil Nadu, represented by Secretary to Government

2013-02-04

R.SUDHAKAR

body2013
JUDGMENT 1. This writ petition is filed praying to issue a Writ of Mandamus, directing the first respondent to include the name of the petitioner in the panel of Forest Rangers, fit for promotion as Assistant Conservator of Forests for the year 2001-2002, approved in G.O.Ms.No.93, Environment and Forests Department, dated 21.6.2005, without prejudice to the claim for inclusion in the appropriate previous panel after the appeal against the punishment is disposed of, and to promote the petitioner as Assistant Conservator of Forests, with retrospective effect from the date of promotion of his immediate junior with all consequential benefits. 2. Heard Ms. Priya Ravi, learned Counsel appearing for the petitioner and Mr. N. Inbanathan, learned Government Advocate (Forests) appearing for the respondents. 3. The petitioner in this case has made a request/representation dated 1.7.2005 to the respondents to include his name in the panel of the year 2001-2002 for promotion to the post of Assistant Conservator of Forests approved in G.O.Ms.No.93 Environment and Forests Department dated 21.6.2005 stating that the punishment imposed earlier is no more in force. Since the same has not been considered, the present writ petition has been filed. 4. This matter is listed for final hearing today. A counter-affidavit has been filed by the respondents. Para 10 of the counter-affidavit reads as follows:- "10. Further more, it is submitted that no representation dated 01.07.2005 of the petitioner has been received in this office." Besides several contentions disputing the facts stated in the petition-affidavit are raised in the counter affidavit. 5. This court at this stage is not inclined to go into the merits of the rival claims except to direct the first respondent to consider the representation on merits and in accordance with law. In the counter it is stated that no representation dated 1.7.2005 has been received. In such view of the matter, petitioner is entitled to submit a fresh representation. On receipt of representation along with a copy of this order, the same shall be considered by the authority as expeditiously as possible. On the contrary if the representation was already been disposed of as submitted by the counsel for the petitioner and if there is any order adverse to the petitioner, the petitioner is entitled to work out his remedy as per law. 6. The Writ Petition stands disposed of as above. No costs.