C. Kandaswamy v. State of Tamil Nadu, Rep. by the Secretary to Forest Department, Chennai
2014-10-08
T.RAJA
body2014
DigiLaw.ai
JUDGMENT T. RAJA, J. 1. No one appeared for the petitioner, as there was a partial boycott by one of the Advocates Bar Associations. Learned counsel for the respondents is present and requested this Court to take up the matter on merits. Therefore, this Court upon hearing the counsel for the respondents and perusing the material available on record, proceeds to pass orders on merits. 2. This writ petition has been filed by one Mr. C. Kandaswamy, who retired from service on 31.05.2013 as Plot Watcher, seeking a writ of mandamus to be issued against the respondents to absorb him notionally in the post of Regular Forest Watcher from the date of his immediate juniors were absorbed in the post of forest watcher and further direct the respondents to pay all consequential benefits to the petitioner from the date of absorption. 3. The petitioner in his affidavit filed in support of this petition has also admitted that his height is below 163 centimetres. Whereas the Government Order in G.O. Ms. No. 95, Environment and Forest (FR-2) Department, dated 07.08.2009, issued by the Government clearly fixes the requisite height as 165 centimetres. Therefore, the respondents have not considered him for further promotion. That apart, the petitioner who retired from service on 31.05.2013 has not even taken up any suitable and sufficient steps to get the promotion. 4. As he comes to this Court, after retiring from service, this Court is not inclined to entertain the writ petition. 5. Mr. V. Pandi, the learned Government Advocate, appearing for the respondents also submitted that the petitioner is not entitled to seek the above prayer for the reason that the petitioner is neither having requisite qualification of 165 centimetres height nor has diligently pursued the matter, during the period of service, before his retirement. 6. In view of the above, this Court, finding no merits in the writ petition, is not inclined to entertain the writ petition. Hence, the same is dismissed. There shall be no order as to costs.