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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

W.P

No.1235 of 2023

T.Jeyamoorthy

Petitioner

vs.

1.The State of Tamil Nadu,

Rep. By its Additional Chief Secretary to Government,

Environment, Climate Change and Forest Department,

Secretariat, Fort St. George,

Chennai – 600 009

2.The Principal Chief Conservator of Forest and

Head of Forest Force,

Office of the Head of Forest Force,

Velachery Main Road,

Guindy, Chennai – 600 032.

Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India

for issuance of a Writ of Mandamus, directing the respondents to include

the petitioner's name in the panel drawn for promotion to the post of

Forester for the year 2011-2012 and give promotion to the petitioner in the

post of Forester from the date on which the petitioner's junior was

promoted on notional basis without insisting service qualification by

relaxing the rules and regularize the service with all consequential service

and monetary benefits within time frame.

https://www.mhc.tn.gov.in/judis

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For Petitioner

: Mr.L.Kanna Patel

For Respondents

: Mr.D.Ravichander

Special Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus

directing the respondents to include the name of the petitioner in the panel

drawn for promotion to the post of Forester for the year 2011-12 and give

promotion to the petitioner in the post of Forester from the date on which

the petitioner's junior was promoted on notional basis without insisting for

the service qualification and relaxing the Rules and thereby, regularize the

Rules with consequential service and monetary benefits.

2.Heard Mr.I.Kanna Patel, learned counsel appearing on behalf of

the petitioner and Mr.D.Ravichander, learned Special Government Pleader

appearing on behalf of the respondents.

3.The petitioner in this case was appointed as Social Forestry

Worker through Employment Exchange in the year 1983. His name was

included in the Statewide seniority list and his Serial Number was 3098.

Thereafter, the petitioner was absorbed as Forest Watcher on 24.01.1995.

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The petitioner after rendering service retired after attaining superannuation

on 30.09.2016.

4.The petitioner for the first time made a representation in the year

2022 with a request that his name must be included in the panel drawn for

promotion to the post of Forester for the year 2011-12 and he must be

given all consequential benefits.

5.In the considered view of this Court, the petitioner has retired

from service in the year 2016 itself and what should have been claimed by

the petitioner when he was in service, cannot be permitted to be claimed

after retirement and that too after a long period of time. The orders that

were relied upon by the learned counsel for the petitioner will not apply to

the facts of the present case, since in none of those orders, there is any

indication to show that the employees concerned had retired from service.

An order can be taken as a precedent only based on the facts that were

dealt with in the concerned order and it cannot be mechanically applied in

all cases.

N. ANAND VENKATESH,

J.

https://www.mhc.tn.gov.in/judis

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ssr

6.This Court does not find any legal right for the petitioner to seek

for the issue of writ of mandamus to the respondents and there are no

merits in this writ petition and accordingly, this writ petition stands

dismissed. No Costs.

20.01.2023

Index

: Yes/No

(2/2)

Internet

: Yes/No

Speaking Order/Non-Speaking Order

Neutral Citation Case

: Yes/No

ssr

To

1.The Additional Chief Secretary to Government,

Environment, Climate Change and Forest Department,

Secretariat, Fort St. George,

Chennai – 600 009

2.The Principal Chief Conservator of Forest ad

Head of Forest Force,

Office of the Head of Forest Force,