Writ petition filed for quashing an order denying promotion and directing respondents to promote the petitioner as Forester/Forest Ranger based on parity with earlier judgments. Court directed fresh representation.
Petitioner directed to make fresh representation within 4 weeks; Competent Authority to consider it and pass orders within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.21581 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.21581 of 2021 and W.M.P.No.22781 of 2021
G.Muthukumaran
... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent made in G.O.(D).No.128 Environment, Climate Change and Forests FR 2(i) Department, dated 09.09.2021 and quash the same and consequently, direct the respondents to promote the petitioner to the post of Forester/ Forest Ranger according to his pay of scale.
For Petitioner : Mr.R.Rajarajan For Respondents : Mr.M.S.Premkumar, GA
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W.P.No.21581 of 2021
O R D E R
This Writ Petition has been filed for quashment of the order passed by the first respondent made in G.O.(D).No.128 Environment, Climate Change and Forests FR 2(i) Department, dated 09.09.2021 and consequently, to direct the respondents to promote the petitioner to the post of Forester/ Forest Ranger according to his pay of scale.
materials available on record.
3.The case of the petitioner herein is similar to that of the dispute which arose in the Writ Petitions in W.P(MD).Nos.22120 of 2017 & 18556 of 2020 ( T.Sundar Vs. The State of Tamilnadu ). In the said Writ Petitions, this Court has passed the following order:
“14.The contention of the respondents is that if a Driver is promoted in Forest Department, then the Drivers in other Departments would also seek the same. The respondents are having ample power to restrict the same to the Forest
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W.P.No.21581 of 2021
Department alone. Therefore, the contention of the respondents that other Departments will claim the same cannot be a ground to reject the claim of the petitioners.
15.Therefore, the reasons stated by the respondents are not sustainable. The impugned orders in both the writ petitions are quashed. The respondents shall consider the proposal, dated 04.06.2013, positively, within a peirod of eight weeks from the date of receipt of a copy of this order.
16.with the above said observations, the writ petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.”
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W.P.No.21581 of 2021
stated supra, this Writ Petition is disposed of with the following orders:
Authority within a period of 4 weeks from the date of receipt of a copy of this order.
(ii) On such representation being made, the Competent Authority are directed to consider the representation of the petitioner and pass appropriate orders in accordance with law, within a period of two months thereafter.
(iii) No costs. Consequently, connected Miscellaneous Petition is also closed.
11.09.2024
vkr
Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
To
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W.P.No.21581 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.21581 of 2021 and W.M.P.No.22781 of 2021
11.09.2024
Page 5 of 5
1 issue framed by the court
Whether the petitioner is entitled to the same relief granted to similarly placed persons in earlier writ petitions regarding promotion to the post of Forester/Forest Ranger.
Colour shows how this judgement treated each authority
T. Sundar Vs. The State of TamilnaduDistinguished¶21
W.P(MD).Nos.22120 of 2017 & 18556 of 2020 (T.Sundar Vs. The State of Tamilnadu)
1 provisions across 1 enactments
G.Muthukumaran
The State of Tamil Nadu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
