1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11716 of 2011 M.Santhoshkumar ... Petitioner Vs. 1.The Government of Tamil Nadu Rep.by Secretary to Government, Environment & Forest Department, Fort St.George, Chennai. 2.The Chairman, Tamil Nadu Forest Plantation Corpn Ltd., 30,Gandhi Mandapam Road, Chennai-600 085. 3.The Managing Director, Tamil Nadu Forest Plantation Corpn Ltd., Karur Main Road, Malachipuram, Kambarasan Patti(Post) Trichy-620 101. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to absorb the petitioner into the regular establishment in any of the suitable post in the second and third respondents (TAFCORN) under the sports quota considering the petitioner's long service in the second and third respondents Corporation and his excellent performance in the sports. For Petitioner :Mr.M.Ravi For Respondents :Mr.TR.Janarthanam, Addl. Government Pleader O R D E R The petitioner has come to this Court seeking a Writ of Mandamus directing the respondents to absorb the petitioner into the regular establishment in any of the suitable post in the second and third respondents Corporation (TAFCORN) under the sports quota considering the petitioner's long service in the second and third respondents Corporation and his excellent performance in the Sports. 2. The learned Counsel appearing for the petitioner submits that the petitioner after passing plus two examination in the year 1997 at National College, Trichy, was completed his Master Degree in Commerce in the year 2001. Being a sports person, he was appointed as Clonal Watcher on 15.01.2000 and subsequently he has completed Master Degree in Commerce in the year 2001 and M.Phil through Correspondence course in the year 2007. That apart, he has also passed Senior Grade in English and Tamil Typewriting and Junior Grade in English Shorthand. Besides, he has https://hcservices.ecourts.gov.in/hcservices/ 2 equipped himself with the Certificate course in Finance and Accounts and thereby fully qualified to be appointed in the Uniformed Service or in the Ministerial Service in the third respondent's Corporation. While the petitioner was served as Clonal Watcher on 23.06.2001, the third respondent herein invited applications from the qualified sports candidates for the post of Forest Guard, Forest Watcher and Clonal Watcher. In response to the said advertisement, the petitioner also applied for the same and he was also called for interview by the third respondent. After conducting the physical test and interview, the results were not declared due to ban order issued by the Government on new appointments. After lifting of ban order, the third respondent by his proceedings dated 18.05.2009 issued appointment orders to seven persons as Forester, Forest Guard, Forest Watcher and Driver but, unfortunately, the petitioner was not selected to any post. When the petitioner was not considered, he has challenged the appointment orders issued to various persons by filing a writ petition before this Court in W.P(MD)No.11699 of 2009 and the same was dismissed on 28.01.2011, by holding that this Court is not inclined to go into the allegations made by the petitioner as he was not against the grant of any relief to other selected candidates. 3.At this juncture, the learned Counsel for the petitioner submits that though the petitioner wrongly challenged the appointment order made to the other persons, he made a representation to the respondents to consider the case of the petitioner on par with the others and the said representation also not considered. Adding further, it was stated that the petitioner from the date of joining the service of respondents 2 and 3 as Clonal Watcher has participated in various Weight Lifting Sports Meet and almost in all the tournaments he has secured First Prize. Some of the Certificates issued by the Tamil Nadu Forest Sports Meet-2002, Trichy Zone particularly, the Certificates issued by the Tamil Nadu Forest Sports Meet, Trichy Zone and Coimbatore Zone, shows that the petitioner has secured First place in Weight Lifting -Men(Open) Competition and several other Certificates issued also shown that the petitioner has participated in Weight Lifting-Men(Open). However, the petitioner has placed a limited prayer to issue a direction to the respondents to consider the written request of the petitioner dated 09.02.2011 within a stipulated time. 4.The learned Additional Government Pleader takes notice for the respondents. 5.Since the prayer sought for is only limited to the extent of considering the representation, dated 09.02.2011 and in view of the performance shown by the petitioner in various participation organized by Forest Sports Meets from the years 2001 to 2007, I am of the opinion that the respondents having already considered the similarly placed persons, no impediment is seen to consider the representation of the petitioner. Accordingly, the second respondent/The Chairman, Tamil Nadu Forest Plantation Corporation Limited, Chennai, is directed to consider the said representation of the petitioner, dated 09.02.2011 within a period of https://hcservices.ecourts.gov.in/hcservices/ 3 eight weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar(CS) To, 1.The Government of Tamil Nadu Rep.by Secretary to Government, Environment & Forest Department, Fort St.George, Chennai. 2.The Chairman, Tamil Nadu Forest Plantation Corpn Ltd., 30,Gandhi Mandapam Road, Chennai-600 085. 3.The Managing Director, Tamil Nadu Forest Plantation Corpn Ltd., Karur Main Road, Malachipuram, Kambarasan Patti(Post) Trichy-620 101. +1cc to Government Pleader, Sr.No.37120 gsr GH : 29.11.2011 : 3p/5c W.P.(MD)No. 11716 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/