Court mandates consideration of caregiver's promotion representation under protections for differently abled dependents despite panel lapse.

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner’s representation dated 25.02.2026.

2. The learned counsel for the petitioner submitted that the petitioner joined Government service as a Forest Watcher on 21.08.1995 and was subsequently, promoted to the post of Forest Guard in 2001 and Forester in 2010, maintaining an unblemished record. The petitioner’s mother passed away on 09.02.2002, following which the petitioner became the sole caregiver for his younger sister, who has been suffering from Epilepsy and Intellectual Disability since birth. Despite these arduous personal circumstances, the petitioner has discharged his duties diligently and has never previously sought any exemption from transfers. For the panel year 2023-2024, the petitioner was found fit for promotion and his name was duly included in the approved list of Forest Range Officers on 18.07.2024, the petitioner was subsequently posted to the Mudumalai Tiger Reserve and assigned to the Cherambadi Forest Protection Squad. However, due to the severe medical condition of his dependent sister and the manifest absence of adequate treatment facilities at the place of transfer, the petitioner was unable to join the promoted post. Consequently, he submitted representations dated 23.10.2024 and 20.11.2024 seeking retention or posting in or around Vellore, invoking the Government of India Office Memorandum dated 08.10.2018 and G.O.(Ms) No.107 dated 03.09.2020 of the State Government, which provide statutory protection to caregivers of differently abled dependents from displacement.

3. The learned counsel for the petitioner further submitted that despite the subsistence of vacancies within the Vellore Circle, the respondents failed to consider the petitioner’s request and instead accommodated other officers. Aggrieved by this inaction, the petitioner filed W.P.No.28650 of 2025, wherein this Court, by order dated 31.07.2025, directed the respondent to consider the petitioner’s representation. However, the respondent, by order dated 08.09.2025, rejected the claim citing the lapse of the panel due to non-joining, without properly considering the petitioner’s protected status as a caregiver. The subsequent Writ Petition challenging the said rejection was dismissed on 07.11.2025. The petitioner later came to know that the panel for the year 2024- 2025 had already been finalized on 25.07.2025, prior to the Court’s order, and that his junior was promoted therein, while the petitioner’s case was neither considered nor was this material fact disclosed before this Court.

4. The learned counsel for the petitioner however submitted that such non-consideration, suppression of material facts, and the denial of rightful promotion are arbitrary, violative of statutory protections and Government Orders, and have caused grave prejudice to him, especially when the petitioner is due to retire o 30.04.2026 with very limited residual service. Hence, the petitioner made a representation on 25.02.2026 to include his name in the panel for the year 2024-2025 for the post of Forest Range Officer with all consequential service and monetary benefits. However, till date, the same has not been considered by the respondents. Challenging this continued inaction, the present Writ Petition has been filed.

5. Heard the learned counsel appearing for the petitioner and the Additional Government Pleader for respondent Nos.1 to 3.

6. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for both parties, this Court directs respondents to consider the representation of the petitioner dated 25.02.2026 to include his name in the panel for the year 2024-2025 for the post