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2022 DIGILAW 2331 (MAD)

R. Ekambaram v. Principal Chief Conservator of Forests, Chennai

2022-07-26

S.M.SUBRAMANIAM

body2022
JUDGMENT (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint the petitioner as Forest Watcher from the date on which the second respondent was appointed as Forest Watcher and pay all arrears of salary, seniority and other consequential benefits.) 1. The relief sought for in the present writ petition is to direct the first respondent to appoint the petitioner as Forest Watcher from the date on which the second respondent was appointed as Forest Watcher and pay all arrears of salary, seniority and other consequential benefits. 2. The claim of the writ petitioner is that he was continuing in service as Plot watcher during the relevant point of time. 3. The Government issued G.O.Ms.No.64 dated 08.03.1999, directing the Principal Chief Conservator of Forests to prepare State wide seniority list of Plot watchers working in the various Departments for the purpose of granting the benefit of permanent absorption subject to assessment of their eligibility and other criterias. 4. Accordingly, the State wide seniority list was prepared and the name of the petitioner was included in the seniority list. However, he was not appointed as Forest watcher. Thus, the petitioner is constrained to move the present writ petition. 5. The counter filed by the 1st respondent reveals that the petitioner has failed to fulfill the requirement to the post of Forest Watcher as per the Tamil Nadu Forest Subordinate Service Rules. The respondent has not assigned any specific reason regarding the disqualification of the petitioner in the counter. 6. However, the fact remains that the petitioner was already reached the age of Superannuation and retired from service. His services in the Post of Plot watcher was regularized by the competent authority and he was allowed to retire from service. 7. This being the factum, now considering his claim for further appointment to the Post of Forest Watcher does not arise at all. However, the eligible benefits if not settled, for which, the petitioner is entitled, the same is to be settled as expeditiously as possible. 8. With these observations, the writ petition stands disposed of. No costs.