1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 2.11.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12405 of 2011 V.Muthukumar ... Petitioner Vs. 1.The Principal Chief Conservator of Forests, No.1 Jeenis Road, Panagal Buildings, Saidapet,Chennai 600 015. 2.Conservator of Forests, Madurai Circle,Race Course Road, Madurai 625 002. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to first respondent in RC.No.RTI/43803/11 dated 14.10.2011 and quash the same and consequently direct the first respondent to post the petitioner as Forester on par with his juniors with all service and monetary benefits within a specified time frame that may be fixed by the Court and pass such other orders as may be deemed fit and proper in the circumstances of the case. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.TR.Janarthanan O R D E R The petitioner V.Muthukumar has filed the present Writ Petition for issuance of Writ of Certiorarified Mandamus to challenge the impugned proceedings passed in RC.No.RTI/43803/11 dated 14.10.2011 and quash the same and consequently direct the first respondent-the Principal Chief Conservator of Forests to post the petitioner as Forester on par with his juniors with all service and monetary benefits within a specified time limit. 2. The learned counsel appearing for the petitioner submits that after the petitioner was appointed as Junior Assistant in the Forest Department, he joined duty on 6.12.2000 in the Divisional Forest Office, Bomboo Estate Division, Gobichettipalayam, Erode District and subsequently, he became eligible for being considered to the post of Forester by way of transfer from Ministerial Service to Forest Subordinate service. Even though he is a B.Com., graduate and he has completed five years of service as Junior Assistant and physically fit for the said post, his name was not included in the list of Forester for the year 2010-11 only for the reason that he was imposed with the punishment of stoppage of increment for a period of one year without cumulative effect as per the proceedings dated 29.11.2007. The said stoppage of increment also came to an end on 30.9.2009. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Therefore, according to the learned counsel appearing for the petitioner, the currency of the said punishment was also over on 30.9.2009. While so, the crucial date for preparation of the list of Forester for year 2010-11 is 15.8.2010. As there was no punishment or disciplinary proceedings pending against the petitioner on the said crucial date, the respondent should have included the petitioner's name. But, the first respondent-the Principal Chief Conservator of Forests informs the petitioner that his name was not included for the reason that the said punishment comes within a check period of five years. The said reasoning given by the respondent cannot be legally valid in view of the judgment of this Court reported in 2011(3) CTC 129 in the case of Deputy Inspector General of POlice, Thanjavur Range, Thanjavur Vs. V.Rani wherein it has been held in paragraph NO. 28(4) and 28(5) as follows: (4)The Government Letter No. 18824/S/2005-2, Personnel and Administrative Reforms (S) Department, dated 7.10.2005 with annexures 1 to 7 and the letter No. 248 (P & AR) Department dated 20.10.1997 are not Statutory Rules framed under Proviso Article 309 of the Constitution of India and cannot be read either with the Tamil Nadu Government Servants Conduct Rules 1973 or under the Tamil Nadu Civil Service (Disciplinary and Appeal) Rules. (5) Consequently, the embargo put on the right of Government servant for being considered for promotion for a further period, after the period of minor punishment is over, in the name of 'check period' viz, one year in the case of censure and five years in the case other minor punishments is illegal and impermissible under the Statutory Rules. 4. A mere reading of the above Ruling of this Court clearly goes to show that the embargo put on the right of Government servant for being considered for promotion for a further period namely, after the period of minor punishment is over, in the name of check period viz one year in the case of censure and five years in the case of other minor punishments is illegal and impermissible as the Statutory Rules were held as illegal. This submission finds much force. 5. The learned Additional Government Pleader appearing for the respondent after seeing the Judgment of this Court has fairly conceded that the stand taken by the respondents, not including the petitioner's name in the list of Forester for the year 2010-11, is contrary to the Ruling of the Full Bench judgment of this Court. 6. Admittedly, the petitioner suffered punishment of stoppage of increment for a period of one year without cumulative effect by order dated 29.11.2007 and the another indisputable fact in the present case is the above said stoppage of punishment also has come to an end on 30.9.2009. Therefore, there is no currency of punishment on the date of preparation of the list of Forester on 15.8.2010 as I mentioned earlier. Therefore, admittedly when there is no other disciplinary proceedings pending against him and his only punishment also came to an end on 30.9.2009, as held by the Full Bench Judgment of this Court in the above https://hcservices.ecourts.gov.in/hcservices/ 3 mentioned Judgment, the check period of five years can no more to be considered as a stumbling block for considering the name of the petitioner to be included in the list of Forester for the year 2010 to 2011. Therefore, this Court is inclined to grant the prayer as prayed for. Accordingly, the Writ Petition is allowed setting aside the impugned order. No costs. SD/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) TO 1.The Principal Chief Conservator of Forests, No.1 Jeenis Road,Panagal Buildings, Saidapet,Chennai 600 015. 2.Conservator of Forests, Madurai Circle,Race Course Road, Madurai 625 002. +1cc to Special Government Pleader, Sr.No.37902 ses GH :23.11.2011 : 3p/4C W.P.(MD)No. 12405 of 2011 2.11.2011 https://hcservices.ecourts.gov.in/hcservices/