IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.40 5 47 of 2025

1.C.Balakrishnan

2.E.Settu ... Petitioners

Vs.

1.The State of Tamilnadu

Rep. By its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department,

Fort St., George, Chennai-600 009.

2.The Principal Chief Conservator of Forest,

& Head of Forest Force,

Forest Headquarters,

Velachery Main Road,

Guindy,

Chennai-600 032. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioners claim in respect of notional promotion in the post of Forester on par with their juniors by including in the panel for the post of Forester for the year 2011- 2012 without insisting for completion of Vaigai Dam Training within specified period on 15.08.2016 in the light of the order passed by this court in WP No. 40881 of 2016 dated 22.11.2016 same was affirmed by the Division Bench in WA No. 2682 of 2019 dated and same was confirmed by the Supreme Court SLP (Civil) Diary No. (S)

27674 of 2022 dated 26.09.2022 and GO (MS) No. 83 Environment and Forests (FR.2-1) Department dated 26.08.2019 with all consequential service and monetary benefits For Petitioners : M/s.K.Jenitha For Respondents : Dr.T.Seenivasan, Special Government Pleader

O R D E R

This writ petition has been filed for direction to the respondents to consider the petitioners claim in respect of notional promotion in the post of Forester on par with their juniors by including them in the panel for the post of Forester for the year 2011- 2012 without insisting for completion of Vaigai Dam Training within specified period on 15.08.2016 in the light of the order passed by this court in WP No. 40881 of 2016 dated 22.11.2016 which was affirmed by the Division Bench in WA No. 2682 of 2019 dated and same was confirmed by the Supreme Court SLP (Civil) Diary No. (S) 27674 of 2022 dated 26.09.2022 and GO (MS) No. 83 Environment and Forests (FR.2-1) Department dated 26.08.2019 with all consequential service and monetary benefits.

2. The case of the petitioners is that the petitioners' names were not included in the promotion panel for the year 2011-2012. It is submitted by both sides that for similarly situated persons, the same has been implemented and the SLP filed against the said order has also been dismissed. Hence, the petitioners seek a direction to the respondents to include their names in the panel for promotion.

3. The only contention of the learned Special Government Pleader is that the petitioners have not undergone training at Vaigai Dam.

Therefore, now their request cannot be considered.

4. It is relevant to note that this Court, in an identical case in W.P.No.40881 of 2016 by an order dated 22.11.2016, has held that the petitioners have not been deputed to Vagai Dam Training for a long time and if the department fails to post them at a particular place for training, the employee could not be blamed for the same and hence, directed the respondents to include the name of the petitioners in the promotion panel for the year 2011-2012 and promote them as Foresters from the date on which their juniors were promoted on notional basis. The appeal filed against the said order in W.A.No.2682 of 2019 has been dismissed by the Division Bench of this Court by an order dated 07.07.2021. In such view of the matter, the benefit of the above order has to be extended to the petitioners.

5. In view of the above, the respondents are directed to include the names of the petitioners in the promotion panel for the year 2011-2012 and promote them as Forester from the date on which their juniors were promoted on notional basis within a period of four weeks from the date of receipt of copy of the order.

6. With the above direction, this writ petition is disposed of.

No costs.

27.10.2025 Neutral citation: Yes/No (2/2)

Index: Yes/No Speaking/Non-speaking order lok To

1.Th