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2015 DIGILAW 1133 (MAD)

P. Aphilise v. Secretary to Government Environment & Forest Department, Chennai

2015-02-25

K.RAVICHANDRA BAABU

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Judgment :- 1. In both the writ petitions, the petitioner seeks for the following relief: “to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the first Respondent in G.O.(2D) No.97 Environment and Forests (FR-1) Department dated 04.12.2014, quash the same in so far as the non-inclusion of the name of the petitioner is concerned and consequently direct the Respondents herein to fix the crucial date of the panel of Rangers fit for promotion to the post of Assistant Conservator of Forest for the year 2014-2015 as 15.08.2013 and include the name of the petitioner herein in the said panel and promote the petitioner to the post of Assistant Conservator of Forests placing him above his immediate junior.” 2. The crux of the grievance of the petitioner in both the writ petitions is that the respondents have fixed the crucial date as 15.08.2013 for the panel year 2014-2015 instead of 15.08.2014. In other words, the contention of the petitioner is that for every panel year the crucial date will be 15th August of that beginning panel year and not that of the earlier year to that of the panel year. The very same issue came up for consideration before this Court in W.P(MD)No.12678 of 2011 wherein the learned single Judge found that the crucial date for the panel year 2011-2012 is only 15.08.2011 and not 15.08.2010 as contended by the respondents therein. Paragraphs 5 to 9 read as follows:- “5. The questions that arises for consideration are when the panel for the year 2011-2012 is drawn for promotion to the post of Assistant Conservator of Forests from the post of Rangers and what is the crucial date? 6. It is the case of the petitioner that the crucial date should be 15.08.2011' but whereas, it is the contention of the learned Additional Government Pleader that the crucial date should be 15.08.2010'. 7. As rightly contended by the learned counsel appearing for the petitioner, in W.P.No. 25360 of 2006, this Court, by order dated 13.03.2007 has fixed the crucial date as 15.08.2006', rejecting the request of the respondents therein to fix the crucial date as 15.08.2005'. 7. As rightly contended by the learned counsel appearing for the petitioner, in W.P.No. 25360 of 2006, this Court, by order dated 13.03.2007 has fixed the crucial date as 15.08.2006', rejecting the request of the respondents therein to fix the crucial date as 15.08.2005'. The order made by this Court in the said Writ Petition is, thus, usefully extracted hereunder:- “The prayer in the Writ Petition is as follows:- “to issue a Writ of Mandamus directing the respondents to fix the crucial date of the panel of Forest Rangers fit for promotion as Assistant Conservator of Forests for the year 2006-2007 as 15.08.2006 instead of 15.08.2005 and to include name of the petitioner herein, in the said panel for promotion as Assistant Conservator of Forests, and to promote the petitioner as such, notwithstanding the punishment imposed in Pro.No.R2/31451/2001, dated 23.03.2004 of the second respondent and the pendency of the charge memo Na.Ka.No.Pa.1/1508/92, dated 31.03.1952 of the Deputy Director M.K. Forest wild life Sanctuary, Ambasamudram'. 2. It is admitted by the learned counsel on either side that in an identical set of facts, for the year 2006-07, the crucial date has been fixed as 2005 and this Court in Writ Petition W.P.No.3697 of 2006 on 09.11.2006 has passed an order whereby the crucial date has been directed to be regarded as 15.08.2006. Hence, in this Writ Petition also an order to that effect can be passed. 3. In view of the consensus among the counsel this writ petition is also disposed of to that effect that for the year 2006-07 for preparation of panel the crucial date would be 15.08.2006 and the respondents are directed to proceed in accordance with law by fixing the crucial date as 15.08.2006.” 8. The said order came to be tested by the respondents therein by filing a Writ Appeal in W.A.No.926 of 2007. The said Writ Appeal came to be dismissed by the Principal Bench of this Court on 18.07.2007, concurring with the finding of the learned Single Judge made in the Writ Petition referred to above. 9. Without considering the orders made in W.P.No.25360 of 2006, dated 13.03.2007, the respondents have now fixed the crucial date for promotion to the post of Assistant Conservator of Forests from the post of Rangers as 15.08.2010' instead of 15.08.2011'. 9. Without considering the orders made in W.P.No.25360 of 2006, dated 13.03.2007, the respondents have now fixed the crucial date for promotion to the post of Assistant Conservator of Forests from the post of Rangers as 15.08.2010' instead of 15.08.2011'. The only contention that has been raised in the counter-affidavit is that a Review Application has been filed against the orders made in W.P.No.25360 of 2006. Several times, the matter has been adjourned at the instance of the learned Additional Government Pleader to find out the position of the Review Application. I am told that though the Review Application has been filed, it is still in the SR state. That apart, even as per Rule 11 of the Tamil Nadu Forest Service Rules, the crucial date shall be fixed for appointment to the category of Assistant Conservator of Forests, on 15th of every year.” 3. The learned Government Advocate appearing for the respondents is not disputing the fact that the said order passed by this Court in W.P(MD)No.12678 of 2011 has considered the very same issue and found that the crucial date shall be fixed for appointment to the category of the particular post on 15th August of every year. 4. Further from the counter affidavit filed by the respondents, it is seen that the said order passed by the learned single Judge also has been implemented by making temporary promotion of the particular individual. The learned Government Advocate further pointed out that the crucial date of the panel has been fixed based on the Government guidelines and estimation period of the panel has been taken as panel year. 5. Mr. D.Sivaraman, learned counsel appearing for the petitioners submitted that in this case, the estimation has not been taken in the month of August of 2013 and therefore, the respondents cannot contend that the crucial date will be 15 August 2013. 6. In view of the fact that the issue as what is the crucial date for the panel year having been considered by this Court in the above said decision and the said order has also been implemented, I am of the view that the petitioners herein are also entitled to succeed by getting their name included in the panel by fixing the crucial date as 15.08.2014. Accordingly, both the writ petitions are allowed and the respondents are directed to include the petitioners' name in the panel year 2014-2015 for promotion to the post of Assistant Conservator of Forests without disturbing the other persons included in the panel already. Such exercise shall be done by the respondents within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.