1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.8328 of 2011 S.S.Pandian ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009. 2.The Principal Chief Conservator of Forests, Panagal Maligai, No.1, Jeenes Road, Saidhapet, Chennai - 600 015. 3.The Conservator of Forests, Madurai Circle, Race Course Road, Madurai - 625 002. 4.The District Forest Officer, Housing Board Colony, Theni Division, Theni - 625 531. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to expedite and dispose of the appeal submitted by the petitioner dated 31.03.2009 challenging the order of the 2nd respondent in Aa.Aa.No.2/25063/08-1 dated 25.02.2009 within a time frame fixed by this Court. For petitioner .. No appearance For respondent .. Mr.T.S.Mohamed Mohideen, Additional Government Pleader ORDER Though there is no representation on behalf of the writ petitioner, on account of the decision taken by the Bar Association, pleadings disclose that being aggrieved by the punishment of reduction in the existing pay scale for the post to the optimum scale from 01.04.2008 for one year with cumulative effect, dated 25.03.2008, the petitioner has filed an appeal before the Principal Chief Conservator of Forests, Chennai, the second respondent on 14.04.2008 and considering the appeal, the Government have issued orders in G.O.Ms.No.(D) 339, Environment and Forest Department, dated 24.11.2008, setting aside the enquiry and the penalty imposed on 25.03.2008, with a direction to reconsider the whole issue. Pursuant to which, the Principal Chief Conservator of Forest, Chennai, the second respondent, has reconsidered the whole issue and passed an order on 25.02.2009 bringing down the scale of pay of the petitioner from February, 2009 to 31.05.2009, the date on which he attained superannuation, with an intention to affect the pension of the writ petitioner. Pleadings disclose that as against the penalty, dated 25.02.2009, the petitioner has https://hcservices.ecourts.gov.in/hcservices/ 2 filed an appeal on 31.03.2009, which is said to be pending before the first respondent. The petitioner has attained the age of superannuation on 30.05.2009 and keeping the further appeal pending on file would certainly cause hardship to him. 2.Considering the grievance expressed, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, was put on notice and heard. He submitted that the appeal dated, 31.03.2009, addressed to the Secretary to the Government, Environment and Forest Department, Secretariat, Chennai - 600 009, the first respondent herein, would be disposed of as expeditiously as possible, by not latter than eight weeks from the date of receipt of a copy of this order. The said submission of the learned Additional Government Pleader is placed on record. 3.In view of the above, the first respondent is directed to dispose of the appeal, dated 31.03.2009, filed by the petitioner, if not already disposed of, on merits and in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. The other respondents are directed to forward all necessary records to the first respondent, so as to enable him, to pass orders within the time. 4.With the above directions, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS) To 1.The Secretary, State of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai - 600 009. 2.The Principal Chief Conservator of Forests, Panagal Maligai, No.1, Jeenes Road, Saidhapet, Chennai - 600 015. 3.The Conservator of Forests, Madurai Circle, Race Course Road, Madurai - 625 002. 4.The District Forest Officer, Housing Board Colony, Theni Division, Theni - 625 531 +1 CC to Mr.S.Chandrasekar, Advocate, SR.No.25120 +1 CC to the Special Government Pleader, SR.NO.25208 gcg W.P.(MD) No.8328 of 2011 27.07.2011 TR : 02.08.2011 : 2p/7c : IT https://hcservices.ecourts.gov.in/hcservices/