LAWS(MAD)-2010-4-762

P SHANMUGAM AND ORS Vs. THIRU DEBENDRANATH SARANGI, SECRETARY TO GOVERNMENT, ENVIRONMENT AND FOREST DEPT AND THIRU C K SRIDHARAN, PRINCIPAL CHIEF CONSERVATOR OF FORESTS

Decided On April 30, 2010
P Shanmugam And Ors Appellant
V/S
Thiru Debendranath Sarangi, Secretary To Government, Environment And Forest Dept And Thiru C K Sridharan, Principal Chief Conservator Of Forests Respondents

JUDGEMENT

(1.) The petitioners have come forward with this petition seeking to punish the respondents for their willful disobedience of the order dated 14.11.2008 passed in W.P. No. 25724 of 2006.

(2.) The case of the petitioners is to the effect that they have been working as Forest Guards in various places in and around Coimbatore District. This Court by its order dated 14.11.2008 directed the respondents herein to consider the petitioners' case with regard to their promotion, if not already considered as per G.O. Ms. No. 655 (Forest & Fisheries) dated 9.6.1988. This Court also directed the respondents to consider their representation dated 30.4.97 within a period of eight weeks from the date of receipt of a copy of the order of this Court. The petitioners submitted that there is no appeal filed against the above said order of this Court.

(3.) As per G.O. Ms. No. 655 (Forest and Fisheries) dated 9.6.1988, the petitioners should have been promoted as Fieldman Grade-II on completion of 10 years of service as "Kannakkapillai" in Cinchona Department (prior to their absorption from Cinchona to Forest Dept.). The order copy of this Court in the above said writ petition was received by the respondents in the 1st week of December 2008 and inspite of the same, the directions given by this Court have not been complied. Therefore, the petitioners made a representation to the respondents on 9.2.2009 with a copy of the order dated 14.11.2008. The petitioners also sent legal notice dated 15.4.2009 but in spite of the said representation and legal notice, the respondents have not complied with the orders of this Court dated 14.11.2008. The said inaction and disobedience on the part of the respondents would amount to clear contempt of orders of this Court by the respondents, punishable under the Contempt of Court Act. Therefore, the petitioners have been constrained to approach this Court with the above said prayer.