MEMORANDUM OF WRIT PETITION

(Under Article 226 of the Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. OF 2020

M. Tamil Selvan,
Skilled Assistant,
S/o R. Manoharan,
5/3, Washerman Lane,
1st Street, Royapuram,
Chennai – 13.
...Petitioner
-Versus

1. The Principal Secretary to Government,

Represented by its Secretary
Environment and Forest Department
Fort St. George, Chennai – 600 009.

2. The Principal Chief Conservator of Forest,

Head of the Forest Department ,
No.1, Jeenis Road, Pangal Building,
Saidapet, Chennai – 15
3. The Special Government Pleader (Forests),
No.23 & 24 Law Officer’s Block,
2nd Floor, High Court Buildings,
Chennai 104.

4. The Divisional Forest Officer,

Social Forestry Division,
Chengalpet Division,
Chengalpet
…. Respondents

WRIT PETITION

The address for service of notice and process on the petitioner is that

of his counsel M/s. T. DHARANI, B. BALAMURUGAN AND M.

SARATH KUMAR, No.93, S.M.Plaza, III floor Armenian street, Chennai

600 001.
 -2-

The address for service of notice and process on the respondents are

as stated above.

For the reasons stated in the accompanying affidavit, It is therefore,

prayed that this Hon’ble Court may be pleased to issue a WRIT OF

CERTIORARIFIED MANDAMUS or any other appropriate writ or order

or direction in the nature of writ calling for the records of the 2 nd

respondents relating to the order in Ref.No.WR.2/8020/2018 dated

20.08.2020 to quash the same and to issue consequential direction to

the respondents 1 to 3 to allow the petitioner to continue to serve in his

post and to regularise his service from the date of his initial appointment

with consequential benefits and pass such further or other orders as this

Hon’ble Court deems fit and proper in the circumstances of the case and

thus render justice.

Dated at Chennai on this the 20th day of Nov 2020.

Counsel for the Petitioner

MEMORANDUM OF WRIT MISCELLANEOUS PETITION

 (Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.M.P. No. OF 2020

IN
W.P. No. OF 2020

M. Tamil Selvan,
Skilled Assistant,
S/o R. Manoharan,
5/3, Washerman Lane,
1st Street, Royapuram,
Chennai – 13.
...Petitioner/Petitioner
-Versus
1. The Principal Secretary to Government,
Represented by its Secretary
Environment and Forest Department
Fort St. George, Chennai – 600 009.

2. The Principal Chief Conservator of Forest,

Head of the Forest Department ,
No.1, Jeenis Road, Pangal Building,
Saidapet, Chennai – 15.
3. The Special Government Pleader (Forests),
No.23 & 24 Law Officer’s Block,
2nd Floor, High Court Buildings,
Chennai 104.

4. The Divisional Forest Officer,

Social Forestry Division,
Chengalpet Division,
Chengalpet.
…. Respondents/Respondents

PETITION FOR DIRECTION

For the reasons stated in the accompanying affidavit It is therefore

prayed that this Hon'ble Court may be pleased to issue INTERIM
DIRECTION directing the respondents to allow the petitioner to continue
to serve as Skilled Assistant in 3rd respondent office, pending disposal of
the Writ Petition and thus render justice
.
Dated at Chennai on this the 20th day of Nov 2020.

Counsel for the Petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)
 W.P.No. of 2020
M. Tamil Selvan,
Skilled Assistant,
S/o R. Manoharan,
5/3, Washerman Lane,
1st Street, Royapuram,
Chennai – 13. ...Petitioner

-Versus

1. The Principal Secretary to Government,

Represented by its Secretary
Environment and Forest Department
Fort St. George, Chennai – 600 009
And 3 others. …. Respondents

DATES AND EVENTS

1995 The petitioner have been working and assisted the law Officers,
who were/are posted to prosecute & defend the cases pertaining
to the forest department in the Hon’ble High Court of Madras
from the year 1995 at the age of about 20 years , when Thiru .R.M.
Kannappa Rajendran was appointed as Addl. Government
Pleader for forest case.

2007 The Petitioner was appointed as skilled Assistant from 2007 in

view of increased cases in the Tamilnadu Forest Department and
appointment of three Law Officers in the Cadre of Government
Advocate, Additional Government Pleader and Special
Government Pleader.

15.09.2010 while so, on 15.09.2010, the petitioner was appointed as a only

Skill Assistant in the place of one Thiru Sathya Narayanan who
was relieved from the Special Government Pleader (Forest), High
Court of Madras as full time basis. The petitioner was appointed
in the full time sanctioned post which was kept vacant.

15.02.2016 That apart, the principal Chief Conservator of Forest (Head of

Forest Department) Vide Ref.No.WR2/4706/2016, dated
15.02.2016 has sanctioned and issued orders to the Divisional
Forest Officer, Social Forestry Division, Chengalpattu of for
extension of my service and making payments to petitioner and
the same has been extended till date.

12.12.2019 Due to high blood pressure petitioner was constrained to take

leave on 12.12.2019, since he was hospitalized he was not in a
position to communicate his absence, as soon as he recovered on
the same day he had informed the reasons for his absence to the
Addl. Government Pleader.

08.01.2020 The petitioner on the next day when he return to his work he, met
the Learned Addl. Government Pleader and tendered his
apologies but the same was not considered he had approached the
Learned Addl. Government Pleader several times in order to
 express his apology for his absence, but no interest was shown on
him.

11.01.2020 The petitioner had made representation dated 11.01.2020 to the

respondents to regularise his service

17.02.2020 The petitioner had filed W.P.No.1247 of 2020 previously in

this regard and by order dated 17.02.2020 this Hon’ble
Court was pleased to issue directions to the respondents 1
and 2 to consider petitioner representation dated
13.01.2020 strictly in accordance with law and pass
appropriate orders, within 8 weeks

20.08.2020 Since the representation dated 13.01.2020 was rejected by

the impugned order dated 20.08.2020, on untenable
grounds, I am filing this Writ Petition to quash the said
order and for consequential directions

Dated at Chennai this the 20th day of Nov 2020

COUNSEL FOR THE PETITIONER.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2020
M. Tamil Selvan,
Skilled Assistant,
S/o R. Manoharan,
5/3, Washerman Lane,
1st Street, Royapuram,
Chennai – 13. ...Petitioner

-Versus

1. The Principal Secretary to Government,

Represented by its Secretary
Environment and Forest Department
Fort St. George, Chennai – 600 009
And 3 others. …. Respondents

SYNOPSIS

The petitioner have been working and assisted the law Officers, who were/are
posted to prosecute & defend the cases pertaining to the forest department in the
Hon’ble High Court of Madras from the year 1995 at the age of about 20 years ,
when Thiru .R.M. Kannappa Rajendran was appointed as Addl. Government
Pleader for forest case.

The Petitioner was appointed as skilled Assistant from 2007 in view of increased
cases in the Tamilnadu Forest Department and appointment of three Law
Officers in the Cadre of Government Advocate, Additional Government Pleader
and Special Government Pleader.

while so, on 15.09.2010, the petitioner was appointed as a only Skill Assistant in
the place of one Thiru Sathya Narayanan who was relieved from the Special
Government Pleader (Forest), High Court of Madras as full time basis. The
petitioner was appointed in the full time sanctioned post which was kept vacant.

That apart, the principal Chief Conservator of Forest (Head of Forest

Department) Vide Ref.No.WR2/4706/2016, dated 15.02.2016 has sanctioned and
issued orders to the Divisional Forest Officer, Social Forestry Division,
Chengalpattu of for extension of my service and making payments to petitioner
and the same has been extended till date.

Due to high blood pressure petitioner was constrained to take leave on

12.12.2019, since he was hospitalized he was not in a position to communicate his
absence, as soon as he recovered on the same day he had informed the reasons
for his absence to the Addl. Government Pleader.

The petitioner on the next day when he return to his work he, met the Learned
Addl. Government Pleader and tendered his apologies but the same was not
considered he had approached the Learned Addl. Government Pleader several
times in order to express his apology for his absence, but no interest was shown
on him. The petitioner had made representation dated 11.01.2020 to the
respondents to regularise his service. The petitioner had filed W.P.No.1247 of
2020 previously in this regard and by order dated 17.02.2020 this
Hon’ble Court was pleased to issue directions to the respondents 1 and 2
to consider petitioner representation dated 13.01.2020 strictly in
accordance with law and pass appropriate orders, within 8 weeks Since
the representation dated 13.01.2020 was rejected by the impugned order
dated 20.08.2020, on untenable grounds, I am filing this Writ Petition to
quash the said order and for consequential directions
Dated at Chennai this the 20th day of Nov 2020

COUNSEL FOR THE PETITIONER.