SYED SHERFUDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to promote the petitioner to the post of Deputy Conservator of Forests, above the petitioners juniors as on 1. 11. 1980,in accordance with the orders of the Honourable Administrative Tribunal, made in O. A. No. 1457 of 1989. By the consent of both parties, the main writ petition itself is taken up for final disposal.

(2.) THE writ petitioner, who was appointed in the Tamil Nadu Forest Department, as a Forester, is now working as Ranger. The Chief Conservator of Forests, because of the alleged involvement of this petitioner, for some irregularities or otherwise, after initiating proceedings, has reduced him to the minimum of time scale for a period of two years, without cumulative effect, which was modified in the appeal, as postponement of increment of one year, without cumulative effect. Meanwhile, in the criminal case, where the petitioner was convicted, on appeal, the same was set aside and he was acquitted.

(3.) HOWEVER, his request for promotion was not considered, resulting applications before the Tamil Nadu Administrative Tribunal. The petitioner was promoted as Ranger with effect from 1. 11. 1980. As per the orders of the Tribunal, the seniority has to be fixed from 1. 11. 1980. Stating the above facts, when the petitioner requested the first respondent to consider his request for promotion, in exemption of relevant Rules regarding service qualification, his claim was negatived, as if the petitioner is not possessing the pre-requisite qualification, as Ranger. The qualification prescribed originally, is relaxed. Therefore, the petitioner is entitled to be promoted, since, as such, there is no impediment or any disqualification, dis-entitling the petitioner to the higher post, as Assistant Conservator of Forests. On the above grounds, seeking a Writ of Mandamus, to issue a direction to the respondents, to promote the petitioner to the post of Deputy Conservator of Forest the writ petition has been filed.