- (1.)THE petitioner joined service in the Forest Department as Forester in 1974 and he retired from service as Forester on 31.08.2002. THE next avenue of promotion for the post of Forester is Forest Ranger. As per the Special Rules for Tamil Nadu Forest Subordinate Service framed under Article 309 of the Constitution, a Forester should have passed departmental tests in Forest Law and in Office Procedure and Accounts. THE petitioner made 8 attempts. But he was not successful. Though he passed Forest Law in 1992, he did not pass the test relating to the Office Procedure and Accounts.
(2.)FURTHERMORE, when the panel of Foresters fit for promotion to the post of Forest Rangers for the year 1996-1997 was issued, he was not included in the panel. His non-inclusion in the panel was based on two grounds. Firstly, a charge memo dated 11.04.1997 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was pending against the petitioner. Secondly, he did not pass the departmental test relating to Office Procedure and Accounts. However, the charges were dropped by the proceedings dated 25.05.1999. He was not included in the panel of Foresters fit for promotion to the post of Forest Rangers for the year 1999-2000, dated 25.03.2000, since he did not pass the departmental test as stated above.
In the meantime, the Government of Tamil Nadu issued an order in G.O.Ms.No.1120, Personnel and Administrative Reforms Department, dated 30.10.1984 granting exemption from passing the departmental tests, if the Government employee has crossed 53 years and made five attempts and failed in all the attempts and no disciplinary proceeding was pending against him.

Since the disciplinary proceeding was pending against the petitioner, he could not ask for exemption as per the aforesaid G.O.Ms.No.1120. However, when the charges were dropped on 25.05.1999, he requested the first respondent to exempt him from passing the departmental tests for including his name in the panel of Foresters fit for promotion to the post of Forest Rangers.

(3.)ACCORDINGLY, the first respondent sent proposal dated 01.07.2000 to the Government seeking exemption for the petitioner from passing the departmental tests, so as to include him in the panel for promotion to the post of Forest Ranger.
The Government accepted the proposal and passed an order in G.O.(D)No.351, Environment and Forest Department, dated 23.11.2001 exempting the petitioner from passing the departmental tests. In the G.O., the first respondent was directed to include the petitioner in the next panel of Foresters fit for promotion to the post of Forest Rangers.