Unprecedented Suit for damages filed by I.F.S. Officer against I.A.S. Officers for Rupees One Crore and One Thousand as token damage. Plaintiff: D.Ramachandran IFS (V.Retd) Through Counsel M.Ravi & Priya Ravi Summons issued by High Court, Madras   IN THE HIGH COURT OF JUDICATURE AT MADRAS

Unprecedented Suit for damages filed by I.F.S. Officer against I.A.S. Officers for Rupees One Crore and One Thousand as token damage.

Plaintiff: D.Ramachandran IFS (V.Retd)

Through Counsel M.Ravi & Priya Ravi

Summons issued by High Court, Madras

IN THE HIGH COURT OF JUDICATURE AT MADRAS
[ORDINARY ORIGINAL CIVIL JURISIDICTION]

C.S.NO. OF 2021

Prof. Dr. A. Ramachandran, Ph.D., D.Sc.,I.F.S., (Retd.) (M,64)
No.96/76, Greenways Extension Road,
Raja Annamalaipuram,
Chennai – 600 028. … Plaintiff

Vs

1. Mr. Hans Raj Verma, IAS.,
Additional Chief Secretary to Government,
Rural Development and Panchayat Raj Dept.
Government of Tamil Nadu,
Secretariat, Chennai – 600 009

2. Mr. C.V. Sankar, IAS (Retd.)
Former Additional Chief Secretary to Govt.,
Government of Tamil Nadu,
No. 2/26, Second Street, Karpagambal Nagar,
Kottivakkam, Chennai – 600 041

3. Mr. Mohan VergheseChunkath, IAS (Retd.)
Former Chief Secretary to Govt.,
Government of Tamil Nadu,
No.17, KaveriSalai,
Kalashetra Colony Extn.
Besant Nagar, Chennai – 600 090

4. The State of Tamil Nadu
Rep. by the Chief Secretary to Government,
Secretariat, Chennai – 600 009.

5. The State of Tamil Nadu
Rep. by the Principal Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai – 600 009

6. The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai -15. … Defendants

PLAINT FILED UNDER ORDER IV RULE 1 OF O.S. RULES
R/W ORDER VII RULE 1 OF C.P.C.

The Plaintiff abovenamed states as follows:

1. The Plaintiff is Prof. Dr. A. Ramachandran, Ph.D., D.Sc.,I.F.S., (Retd.), son of (Late) Sri S.K. Andimuthu, Hindu, aged about 64 years residing atNo.96/76, Greenways Extension Road, Raja Annamalaipuram, Chennai – 600 028.
The address of the Petitioner is as stated above. The address for service of all notices and processes on the Petitioner is that of his counsel, M/s.M.RAVI, PRIYA RAVI, P.KUMARAVEL AND M.SEDHUMADHAVAN, ADVOCATES, at No.30, 2nd Main Road, CIT Nagar East, Chennai – 600 035.
2. The First Defendant is Mr. Hans Raj Verma, IAS., Additional Chief Secretary to Government, Rural Development and Panchayat Raj Dept., Government of Tamil Nadu, Secretariat, Chennai – 600 009

The Second Defendant is Mr. C.V. Sankar, IAS (Retd.), Former Additional Chief Secretary to Govt., Government of Tamil Nadu, residing at No. 2/26, Second Street, KarpagambalNagar,Kottivakkam, Chennai – 600041

The Third Defendant is Mr. Mohan VergheseChunkath, IAS (Retd.) Former Chief Secretary to Govt., Government of Tamil Nadu, residing at No.17, KaveriSalai, Kalashetra Colony Extension, Besant Nagar, Chennai – 600 090

The Fourth Defendant is the State of Tamil Nadu represented by the Chief Secretary to Government, Secretariat, Chennai – 600 009.

The Fifth Defendant is the State of Tamil Nadu represented by the Principal Secretary to Government, Environment and Forest Department, Secretariat, Chennai – 600 009

The Sixth Defendant is the Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai -15

The address for service of all notices and processes on the Defendants are as stated above.
3. The Plaintiff humbly submits that he had joined Tamil Nadu State Forest Service on 12.1.1981 as Assistant Conservator of Forests and was inducted to Indian Forest Service of 1989 batch and he had rendered 27 years of yeoman service and was a proud recipient of national and international awards, rewards and recognition, which no Indian Forest officer of TN cadre has ever got.
4. The Plaintiff submits that on the basis of being the first Ph.D holder in Climate Change and Carbon Sequestration, he was selected as one of the Indian Delegates by the Ministry of Environment, Forests & Climate Change, Union of India, to represent our Nation at United Nations Framework Convention on Climate Change (UNFCC), at Nairobi, Kenya (2006) at Bali, (Indonesia) (2007) at Bonn, (Germany) and Boznan, (Poland) (2008) and his significant contribution in the International Arena was duly recognized by the Union of India and the same has been recorded in his Personal file.

5. The Plaintiff further submits that the Syndicate of Anna University, Tamil Nadu, taking into consideration the aforementioned rare qualification and the aforementioned delegation representing our nation had resolved to appoint the Plaintiff as the Director for the newly proposed Center for Climate Change and Adaptation Research on deputation basis and accordingly the Sixth Defendant was requested for appropriate Orders to enable the Plaintiff to take up the above position in the University.

6. The Sixth Defendant herein had recommended for the same and accordingly the Plaintiff was deputed to Anna University to join as the Founding Director, Centre for Climate Change & Adaptation Research for a period of three years as per G.O. (D) 22 Environment and Forests (FR.Spl A) Department dt.7.2.2008. In view of his immense contribution therein and the dire necessity to retain him, the University had requested the Fifth Defendant to extend the Plaintiff’s deputation for a further period of 3 years beyond 07/02/2011 which was duly accepted and appropriate orders were issued in G.O.(ID) No.62 E&F (F.R.Spl.A) dated 28/2/2011.

7. The Plaintiff further submits that during the period of his deputation to Anna University, the Fifth Defendant herein had duly empanelled and promoted the Plaintiff as Conservator of Forests, without prejudice to his deputation, vide G.O.(Rt)No. 396 Environment and Forests (F.R.Spl.A) dated 18/04/2008.

8. The Plaintiff’s initial deputation to Anna University for a period of three years from 2008 – 2011 was further extended for a period of three more years, by the Government at the request of Anna University, in view of his exemplary contribution in the field of Climate Science. In such circumstances, the Plaintiff, who was highly qualified and eligible for being empanelled and promoted as Chief Conservator of Forests, was deliberately omitted to be included in the panel, without assigning any reason noreven intimation to the Plaintiff in flagrant violation of the All India Service Rules. The Plaintiff was deliberately allowed to be superseded by his juniors, while he was on deputation, only on political grounds and as a measure of victimization for having successfully approached the Hon’ble Central Administrative Tribunal, Chennai Bench, earlier to redress his grievance. On coming to know of the same, he had submitted representations to the Fifth Defendant and as the same had failed to evoke any response, he had preferred O.A.No.213/2014 on the file of the Hon’ble Central Administrative Tribunal, Chennai Bench.

9. The Plaintiff instead of being duly recognized and appreciated for his yeoman service as Founding Director for Center for Climate Change for representing the Tamil Nadu State Forests & Environment Department had been exposed to undue harassment and mental agony. In view of the same, the humiliated Plaintiff was constrained to leave the Department and decided to pursue his further research of Climate Change and accordingly he had rendered application for voluntary retirement and the same was immediately accepted by the Fifth Defendant vide G.O.(Rt) No.210, E & F (FR-Spl.B) Department dated 20.03.2014. The Defendants knowing fully well that ultimately the Plaintiff will earn his due promotion as Chief Conservator of Forests had cautiously permitted him to voluntarily retire from service without mentioning his designation.

10. Ultimately the Hon’ble Central Administrative Tribunal, Chennai Bench, in and by judgment dated 18/02/2015 rejected the contentions of the Department in regard to allegations of delay or negligence on the part of the Plaintiff in regard to submission of CRs /PARs and was pleased to direct that the Plaintiff ’s case for empanelment has to be placed for review before Screening Committee to be convened for the said purpose at the earliest and depending on the outcome of the assessment by the Screening Committee, the Plaintiff’s case for notional promotion as CCF (on account of his voluntary retirement) with effect from the date of his junior’s promotion, has to be considered and ultimatum for a period of 3 months was given to Defendants to carry out the said exercise and to take a decision.

11. The Fifth Defendant had failed to comply with the Order within the stipulated time period despite the Plaintiff’s representation and legal notice and hence he was constrained to prefer Contempt Application in C.A.No.47/2015 (Civil) in O.A.No.213/2014 before the Hon’ble Central Administrative Tribunal, Chennai Bench. It is only after Contempt Petition was taken on file, the already prejudiced Department had rejected the genuine and legitimate claim of the Plaintiff on untenable grounds, that too by mere Government Letter No.3990/FR.Spl.A/2014/9 dated 14/07/2015, issued by First Defendant herein.

12. The illegal rejection of the Plaintiff’s claim is not only reflected by issuance of a mere Government Letter by a Secretary to a Government for an IFS Officer against Law but the bias and malice is further exposed by reiterating the ground of delay to deny the genuine claim of the Plaintiff, despite the said reason was already rejected by the Hon’ble Central Administrative Tribunal, Chennai Bench. The First Defendant had committed the suppression and misrepresentation of material facts therein.

13. The Plaintiff was constrained to challenge the validity of the same before the Hon’ble Central Administrative Tribunal, Chennai Bench and sought for appropriate directions in O.A.No.1249/2015. The hearing of the Original Application was deliberately dragged and prolonged for a very long period on behalf of the Defendants and ultimately the untold agony of the Plaintiff had continued for a further period of 5 long years and the Defendants had not even cared to settle the retirement benefits even in the lower post of Conservator of Forest for five long years from the date of his retirement.

14. The Plaintiff was not only exposed to grave hardship on account of denial of promotion, non settlement of retirement and pensionary benefits but also was deprived of his rightful opportunity to be selected for prestigious National and International Assignments to which he was otherwise fully qualified and eligible by his rare qualification, experience and expertise except not possessing the scale of pay equivalent to the post of Joint Secretary to Government of India, which is a pre-requisite qualification for such assignments.

15. The Plaintiff further submits that the Department has no option other than admitting the fact that they had not fully considered the directions rendered by the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A. No.213/2014, dated 18/02/2015, wherein it was directed to take all relevant materials from University also and to conduct proper assessment of the eligibility of the Plaintiff and since the Plaintiff is not responsible for the missing gap. It was also conceded on behalf of the Defendants, that there cannot be any objection in considering all relevant materials and if he is found eligible the Plaintiff has to be given notional promotion as Chief Conservator of Forests. The Hon’ble Central Administrative Tribunal, Chennai Bench, in view of the above facts, was pleased to set aside the Order dated 14/07/2015 issued by the Department and the Defendants were directed to collect all relevant materials from Anna University regarding the work done by the Plaintiff and to place the same before the Screening Committee. The Committee was directed to make an assessment on the eligibility of the Plaintiff to the post of CCF and pass Orders accordingly. The Hon’ble Tribunal took into consideration the inordinate delay occurred and directed the Defendants to complete the above exercise at the earliest not later than 2 months from the date of receipt of the afore said Order, which also was not complied within the stipulated time period.

16. The Plaintiff humbly submits that finally after nearly 8 years from the date of deprivation of the Plaintiff from his rightful promotion as Chief Conservator of Forests and 6 years from the date of the earlier order of the
Hon’ble Central Administrative Tribunal, Chennai Bench, 5 years from the date of his voluntary retirement, his stand had got completely vindicated and the Fifth Defendant had issued G.O.Ms.No.76 Environment and Forest Department, dated 28/10/2020, accepting the recommendation of the Screening Committee and directed that the name of the Plaintiff be included in the panel of Conservator of Forests fit for promotion as Chief Conservator of Forests which was drawn in G.O.Ms.No.258 E&F Fr.Spl.A, dated 08/11/2012, by placing him above his immediate Junior and promoted the Plaintiff to the level of Chief Conservator of Forests notionally with retrospective effect from 05/04/2013.
17. The Plaintiff submits that the deliberate harassment and victimization inflicted upon him was further exposed by proceedings of the Accountant General, Tamil Nadu, dated 03/12/2020, in which it was pointed out that the Plaintiff’s immediate junior was not only promoted to the level of Chief Conservator Forests on 05/04/2013, superseding the Plaintiff, but he was also awarded Non Functional Financial Upgradation with effect from 27/02/2011. In this regard, the Accountant General had raised a query to the Fifth Defendant as to whether the same was granted to the Plaintiff in terms of G.O.Ms.No.26 Environment and Forests FR (Spl.A) Department dated 05/03/2013.
18. The most agonizing part among the deprivation of various benefits to the Plaintiff is the non extension of benefits conferred under the above said Government Order wherein the pay of the Plaintiff ought to have been fixed on par with their junior batch in Indian Administrative Service Officers posted in Central Government by virtue of which the Plaintiff ought to have been conferred the scale of pay attached to the post of Joint Secretary to the Government of India which would have enabled him to secure the prestigious National / International assignments to which he was fully qualified and eligible. The Plaintiff was invited by various International Agencies for rare and prestigious assignments and he was unable to respond only on account of non drawal of scale of pay equivalent to the one attached to the post of Joint Secretary of Government of India as the same is mandatory pre-requisite qualification, as provided in the bilateral agreements entered into, by our Nation with the other Countries.
19. The Plaintiff further submits that none of the benefits has been disbursed to him even till date. The following sequence of events would clearly establish the untold harassment and humiliation inflicted upon the Plaintiff and the resultant serious prejudice and mental agony caused to him:

i) Deliberate Omission of the Plaintiff’s name in the panel for Chief Conservator of Forests and his non promotion to the said post, allowing his juniors to supersede him.
ii) Non intimation to the Plaintiff of exclusion of his empanelment and promotion and non assigning any reason for the same.
iii) Non consideration of Plaintiff’s representations
iv) Suppression and misrepresentation of facts in the Counter Affidavit filed in O.A.No. 213/2014 before the Hon’ble Central Administrative Tribunal, Chennai Bench
v) Non compliance of the Orders of the Hon’ble Central Administrative Tribunal, Chennai Bench, dated 18/02/2015 in O.A.No.213/2014 within the stipulated time period leading to Contempt Proceedings.
vi) Committing further Contempt of the Orders of the Hon’ble Tribunal by passing an Order reiterating the earlier stand of delay of submission of CRs/PARs which was already rejected by the Hon’ble Central Administrative Tribunal, Chennai Bench and resorting to a strange stand of non achievement of physical and financial targets and research outputs, (later exposed as false and flimsy).
vii) Non compliance of the Orders of the Hon’ble Central Administrative Tribunal by the Fifth Defendant, viz., the Government of Tamil Nadu by non Issuance of any Government Order in pursuance of the Judgment, dealing with the subject of promotion of an IFS Officer.
viii) Illegal issuance of rejection letter by a Secretary to Government by a mere Government Letter by stating that he was directed to inform without even referring to the source of such direction or referring to a Government Order which ought to have been passed after the circulation approval of Hon’ble Minister (Forests) and Hon’ble Chief Minister.
ix) False, flimsy and frivolous averments made in Counter Affidavit filed before the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 1249/2015, exposed thereafter.
x) The suppression of the absolute and deliberate non consideration of the Plaintiff for empanelment and promotion as Chief Conservator of Forests as reflected in response to RTI Act in Government Letter No.
14744/FR Spl.A./2020-1 dated 01/12/2020 exposing that non availability of any files related to the same.
xi) Non grant of non functional financial upgradation to the Plaintiff by non implementation of G.O.Ms.No.26 Environment and Forests (FR.Spl.A) Department, dated 5.3.2013, only to the Plaintiff even though the same was granted to his immediate junior with effect from 21/02/2011 and to 5 other juniors with effect from 04/04/2012. The
Omission to include the Plaintiff in the aforesaid Government Order, so as to extend the aforesaid benefits is not an omission by negligence, but the same is a wanton and willful omission on the part of the Second Defendant, in order to completely deprive the Plaintiff of his right of consideration for highly placed National and International Assignments. The Non-Functional Financial Upgradation, is a financial benefit extended to the IFS officers of senior scale on par with scale of their junior batch Indian Administrative Service officers posted in Govt. of India. As per the above G.O the plaintiff was eligible to get the non-functional scale equivalent to the Joint Secretary, Govt. of India as on 21.2.2011, the date of grant of such benefits to his juniors. It was very well within the knowledge of the Second Defendant that holding a post which carries the scale of pay on par with Joint Secretary to Government of India, is a pre-requisite eligibility condition for being considered to highly placed National and International Assignments. While holding such a post is a pre-requisite eligibility condition for consideration of appointment to the post of Vice-Chancellor of University, Chairman, Bio-Diversity Board, the Plaintiff was otherwise highly qualified and eligible for such appointment, was unable to even apply for such posts in view of non-grant of Non-Functional Financial Upgradation, which was granted to his juniors as early as in the year 2011.
xii) The shocking revelation of total omission to even consider the candidature of the Plaintiff for obvious reasons best known to the private Defendants as reflected in the declaration by the Public Information Officer of the Fourth Defendant that ‘no information is available’ pertaining to avoidance of grant of promotion and Non-Functional Financial Upgradation, as evidenced in Government Letter No.17103/FR Spl.A/2020-1 dated 07/01/2021.Such declaration of non availability of any information pertaining to his promotion and grant of financial upgradation clearly exposes that the Plaintiff’s candidature was deliberately omitted to be even considered.
xiii) Deliberate deprivation of the Plaintiff of his service and monetary benefits and inflicting continuous harassment and agony, pushing him to opt for voluntary retirement, even with the cost of three precious years and promotion avenues and not satisfied with the same, denying the grant of retirement and pensionary benefits, right from the year 2013, till date.
xiv) Deliberate dragging and prolonging the hearing of the Original Applications before the Hon’ble Central Administrative Tribunal, Chennai Bench.
xv) Noncompliance of the Order dated 01/06/2020, passed by the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 1249/2015 within the stipulated time period.
xvi) Non grant of consequential monetary benefits on Plaintiff’s promotion as Chief Conservator of Forests with effect from 05/04/2013 till date, despite his retrospective promotion, once again leaving him with no other option other than approaching the Hon’ble Central Administrative Tribunal, for the fifth time after attaining success on all previous (four) occasions.
xvii) Non grant of financial upgradation with effect from 21/02/2011 to the Plaintiff even till date despite query raised by the Accountant General, Tamil Nadu, as early as on 03/12/2020.

20. The Plaintiff humbly submits that the afore said sequence of events apart from various other factors would clearly establish the deliberate humiliation and harassment meted out to him and his resultant exposure to serious prejudice and grave mental agony which had also forced him to go on voluntary retirement by losing three years of service in the Department during which his juniors were promoted upto the level of Additional Principal Chief Conservator of Forests.

21. It has now been established by virtue of the reports of Anna University, decision of the Screening Committee and the Government Order issued in G.O.Ms.No.76 E&F dated 28/10/2020, that there is no lapse on the part of the Plaintiff and that the denial of all the benefits to the Plaintiff and the Orders seeking to justify the same are all illegal and the deprivation of the Plaintiff of all the afore said benefits is thoroughly unjustified.

22. The Plaintiff, for grant of non-functional financial upgradation with effect from 21/02/2011 and for grant of all consequential monetary benefits on account of the Plaintiff’s retrospective promotion to the post of Chief Conservator of Forests with effect from 5.4.2013 as ordered in G.O.Ms.No.76 Environment and Forest Department, dated 28/10/2020 and the consequential sanction and disbursement of all retirement benefits to the Plaintiff in the post of Chief Conservator of Forests with effect from 22.03.2014 along with interest for the belated payments, has now preferred an Original Application before the Hon’ble Central Administrative Tribunal, Chennai Bench, the same being service matter. In the said Original Application itself, he has reserved his right to seek damages and compensation for the aforesaid unlawful acts and the names of the Defendants 1 to 3 were also mentioned in the aforesaid Original Application.

23. Accordingly, the Plaintiff is preferring this suit against the Defendants herein, seeking damages and compensation for the grave hardship, loss of the right of consideration for various National and International Assignments, loss of his rightful opportunity to serve in the post of Chief Conservator of Forests, loss of reputation and for the resultant severe mental agony and left him with no option other than the voluntary retirement from service and thereby losing three years of service as a Member of Indian Forests Service and further promotion prospects to the next higher level post of Additional Principal Chief Conservator of Forests.

24. It has already been established that the Plaintiff had been illegally deprived of empanelment and promotion to the post of Chief Conservator of Forests on par with his junior. It is also evident that the Plaintiff has been deprived of the benefits that flow from Non-Functional Financial Upgradation, which has been granted to his junior with effect from 21.01.2011 itself, as a result of which the Plaintiff had lost his right to participate in the selection process for various prestigious National and International assignments / posts, for which the pre-requisite qualification is holding the post that carries the scale of pay of the post of Joint Secretary to Government of India. The relevant response to the Right to Information Act, G.O.Ms.No.76 E&F dated 28/10/2020, the order passed in O.A.No.1249/2015, dated 14.07.2015, would all make it abundantly clear that the Plaintiff had been illegally deprived of empanelment and promotion to the post of Chief Conservator of Forests with effect from 05.04.2013. A reading of G.O.Ms.No.26 Environment and Forests FR (Spl.A) Department dated 05/03/2013 also would make it clear that the Plaintiff’s juniors have been granted Non-Functional Financial upgradation and the Plaintiff has been deliberately omitted to be included in the said Government Order and by virtue of this, he has been exposed to severe loss and mental agony.

25. The Plaintiff humbly submits that all the aforesaid acts that had resulted in deprivation of the Plaintiff of the various benefits and his invaluable rights are owing to the willful and wanton malicious acts on the part of the Defendants 1 to 3, in order to appease the Governance, Head of the Ruling Party / the Hon’ble Chief Minister at the relevant point of time, obviously with mal intention to achieve personal gain by resorting to victimize a brother of a prominent leader of opposition party. In this regard, the Defendants 1 to 3, without even taking into consideration that the Plaintiff as a Pioneer Scientist of a Indian Forest Service Origin in the field of Climate Change in the entire Nation had nothing to do with politics and despite his immense contribution bringing laurels to the Fourth Defendant Department, he was thoroughly victimized.
26. The deliberate omissions and commissions of Defendants 1 to 3 are listed hereunder:
“(1) Mr. Hans Raj Verma, IAS – 1st Defendant (Period From June 2014 To May 2016)
• As Principal Secretary, Environment & Forests Dept. he has issued an unlawful letter No. 3900/F.R.Spl.A/2014-9, dated 14.7.2015, illegally justifying the unjust omission to include the Plaintiff in the panel for promotion as Chief Conservator of Forests, by not only contemptuously assigning the reason already rejected by the Hon’ble Tribunal, but also assigning after thought non-existent, irrelevant, impertinent and trivial reasons, which were never pleaded before the Hon’ble Tribunal and thereby deliberately omitting to implement in letter and spirit the order of the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 213 of 2014, dated 18.2.2015.
• The deliberate incorporation of the following words at the commencement of paragraphs 1 and 2 of the aforesaid Govt. letter, in order to falsely portray as if the Plaintiff’s claim with reference to the order of the Hon’ble Tribunal was duly circulated to the Hon’ble Minister of Forests and to the Hon’ble Chief Minister and as if the decision was taken by the Order of the Governor:-
“1. I am directed to invite your attention to the reference cited and to state that the Government have examined your request…..” and “2. I am therefore, directed to inform you that the Government accepts the finding of the screening committee and accordingly inform that your request for promotion to the level of Chief Conservator of Forests notionally is not feasible of compliance, in view of the reasons stated above.”
Thenon-issuance of Government Order and mere issuance of a Government Letter by the First Defendant and the response to RTI query exposing that he himself has stepped into the shoes of the Government, by taking an unilateral decision on his own, by violating the mandatory requirement of circulation of the file to the Hon’ble Minister for Forest and to the Hon’ble Chief Minister. In such a view of the matter, the deliberate incorporation of the words “I am directed to…., Government have examined the request….Government accepts the findings…etc.” is nothing but a fraud committed on the Government, Plaintiff and the Hon’ble Tribunal.
• Suppression of facts, the burial of records and misleading statements furnished to the Hon’ble Central Administrative Tribunal, Chennai
Bench, in O.A.No. 310 of 2015, in the Government’s counter affidavit filed on 29.2.2016.
• Ensuring inordinate and unexplained delay in hearing all the matters before the Central Administrative Tribunal, to harass and victimize the Plaintiff.
The malicious intention on the part of the First Defendant to harass and victimize the Plaintiff, to achieve his own personal interest, by securing plum post, by way of appeasement by resorting to such illegal acts, is clearly evidenced by documents as well as witnesses.

(2) Mr. C.V. Sankar, IAS – 2nd Defendant (Period From July 2011To November 2012)

• Issued G.O. (Ms) No. 258, Environment and Forests (FR.Spl.A) Dept., dated 8.11.2012, wantonly ignoring the Plaintiff’s name despite all PARs are available as on that date. The reason for such omission was not intimated to the Plaintiff as per the rule and there was a complete discard of his name in the Government order.
• The Principal Secretary suppressed all files relevant to the plaintiff’s personal file, National award for Wildlife Conservation, TN Chief
Ministers award, merit placed on record by Govt. of India for International Contributions in the field of Climate Science to UN’s conferences representing India and other merits received by the plaintiff.
• Failed to get the Personal file from Anna University for 4 years (2008-12) which is mandatory on every financial year end, a major dereliction by the Second Defendant.

• As on date no files are available pertaining to the Plaintiff’s non- promotion in the said G.O, as declared in the response to query raised under the Right to Information Act, 2005, as per the E&F Letter No. 14744/FR.Spl.A/2021-1, dated 01.12.2020.

(3) Mr. Mohan VargheseChunkath, IAS – 3rd Defendant (Period From December 2012 To March 2014) (Additional Charge From April & May 2014)
• Non grant of non functional financial upgradation to the Plaintiff by non implementation of G.O.Ms.No.26 Environment and Forests (FR.Spl.A) Department, dated 5.3.2013, only to the Plaintiff even though the same was granted to his immediate junior with effect from 21/02/2011 and to 5 other juniors with effect from 04/04/2012. The
omission to include the Plaintiff in the aforesaid Government Order, so as to extend the aforesaid benefits is not an omission by negligence, but the same is a wanton and willful omission on the part of the Second Defendant, in order to completely deprive the Plaintiff of his right of consideration for highly placed National and International Assignments.
• Deliberate denial of retirement and pensionary benefits to the Plaintiff, even after his voluntary retirement on 21.03.2014, by deliberate omission to fix the Plaintiff’s last drawn pay, resulting in non-grant of the aforesaid benefits for a period of nearly seven years.
• No back Files are available relating to Government Order 26 Environment and Forests (FR.Spl.A) Dept., dated 5.3.2013 when details were asked under RTI Act 2005 as per the Letter No. 17103/FR.Spl.A/2020-1 E&F dated 7.1.2021.

In view of the deliberately committed illegal acts of the afore mentioned Officers, especially the illegal act of the First Defendant, who had committed perjury before the Hon’ble Central Administrative Tribunal, Chennai Bench and who have went to the extent of suppressing the records by not even bringing to the notice of the Hon’ble Minister of Forests and the then Hon’ble Chief Minister of Tamil Nadu, deliberate failure to circulate to the appropriate competent authority and rejecting the claim of the Plaintiff in a Government Letter dated 14.07.2015, issued by the First Defendant, without any authority or jurisdiction, reiteration of the reasons which had already been rejected by the Hon’ble Central Administrative Tribunal and commission of suppression and misrepresentation of the material facts in the counter affidavit filed before the Hon’ble Central Administrative Tribunal, Chennai Bench and his open declaration conveying to the Plaintiff through an official in the Secretariat by stating that nothing will prevent him from victimizing the Plaintiff and he will
ensure that his efforts to redress his grievance by approaching the Central Administrative Tribunal would all turn out to be futile. The inordinate delay in hearing of the application was mainly attributable to the First Defendant herein. The order of the Defendants in the cause title is in accordance with the magnitude / gravity of the deliberate offences committed by each of them.

27. The Plaintiff submits that he ought to have been highly recognized for his eventual service and for being a recipient of National and International awards and rewards which no IFS Officers of Tamil Nadu ever get and his immense contribution in the field of Climate change as Founder Director for Center for Climate Changeand Adaptation Research, while he was on deputation in Anna University, Chennai, but he had been thoroughly victimized and exposed to humiliation and severe loss for no fault of him.

28. There is no other reason for the aforesaid illegal acts of Defendants 1 to 3 other than the malicious motive of causing harm to a close relative of a prominent leader in opposition party, so as to earn the good will of the politicians of the Ruling party in order to achieve their own personal gain.

29. The Plaintiff humbly submits that in view of the illegal acts of the Officers, the Defendants 1 to 3 herein, deliberately over looked by the Government, the Fourth Defendant also is liable to compensate the Plaintiff. The Plaintiff humbly submits that a careful perusal of the entire records and the response received by the Plaintiff under Right to Information Act, the counter affidavit filed before the Hon’ble Central Administrative Tribunal, the Government letter issued without any authority or jurisdiction, the Government Order granting Non-functional Financial Upgradation to the Plaintiff’s juniors omitting and overlooking the Plaintiff and the further information that would show the deliberate omission or non-availability or non-creation of any records pertaining to his non-selection would all amply demonstrate that the Plaintiff has been deliberately subjected to untold misery, grave victimization, severemental agony and irreparable loss of career prospects, service and monetary benefits, peace, health, reputation and costs of litigations. The Plaintiff, owing to the malicious acts of the Defendants 1 to 3, even at this distance point of time is constrained to approach the Hon’ble Tribunal, for the monetary benefits, retirement and pensionary benefits, even after the Government had conceded his genuine claim.
30. The Plaintiff humbly submits that due to the motivated and deliberate omissions and commissions of the Defendants, the Plaintiff had been exposed to irreparable grave hardship, severe mental agony and irreparable loss of peace and reputation and deprived of grant of retirement and pensionary benefits for more than seven years as well as avenues of National and International Assessments and Posts. Thus the Plaintiff is entitled to receive the amount of Rs.1,00,01,000/-. Thus the plaintiff is entitled to receive the total damages of Rs.1,00,01,000/- from the Defendants jointly and severally.

31. The Plaintiff humbly submits that no similar suit has been previously filed, pending or decided by any court of law on the same subject matter between the same parties.

32. The Plaintiff humbly submits that the parties reside at Chennai and the cause of action arose on 8.11.2012, when the panel for promotion as Chief Conservator of Forests was issued in G.O. (Ms) No. 258, Environment and Forests (FR.Spl.A) Dept., by the 2nd Defendant wantonly omitted to include the name of the Plaintiff despite all PARs are available as on that date and the reason for such omission was not intimated to the Plaintiff, in violation of the Rules; when the 2nd Defendant had deliberately suppressed all files relevant to the Plaintiffi.e. his personal file, National Award for Wildlife Conservation, TN Chief Minister’s Award, merit placed on record by Govt. of India for International Contributions in the field of Climate Science to UN’s conferences representing India and other merits received by the plaintiff before the Selection Committee; when 2ndDefendant had failed to get the Personal file from Anna University for 4 years (2008-12) which is mandatory on every financial year end, amounting to major dereliction of duty;when 3rd Defendant had failed to extend the benefits of Non grant of non functional financial upgradation to the Plaintiff by non implementation of G.O.Ms.No.26 Environment and Forests (FR.Spl.A) Department, dated 5.3.2013, only to the Plaintiff even though the same was granted to his immediate junior with effect from 21/02/2011 and to 5 other juniors with effect from 04/04/2012 and theomission to include the Plaintiff in the aforesaid Government Order, so as to extend the aforesaid benefits is not an omission by negligence, but the same is a wanton and willful omission on the part of the Second Defendant, in order to completely deprive the Plaintiff of his right of consideration for highly placed National and International Assignments; When the 2nd Defendant haddeliberately omitted to grant the retirement and pensionary benefits to the Plaintiff, even after his voluntary retirement on 21.03.2014, by deliberate omission to fix the Plaintiff’s last drawn pay, resulting in non-grant of the aforesaid benefits for a period of nearly seven years; on 14.7.2015, when the 1st Defendant as Principal Secretary, Environment & Forests Dept. has without any jurisdiction issued a letter No. 3900/F.R.Spl.A/2014-9,to a Member of All India Service illegally justifying the unjust omission to include the Plaintiff in the panel for promotion as Chief Conservator of Forests, by not only contemptuously assigning the reason already rejected by the Hon’ble Tribunal, but also assigning after thought non-existent, irrelevant, impertinent and trivial reasons, which were never pleaded before the Hon’ble Tribunal and thereby deliberately omitting to implement in letter and spirit the order of the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 213 of 2014, dated 18.2.2015; When the deliberate incorporation of the following words at the commencement of paragraphs 1 and 2 of the aforesaid Govt. letter, in order to falsely portray as if the Plaintiff’s claim with reference to the order of the Hon’ble Tribunal was duly circulated to the Hon’ble Minister of Forests and to the Hon’ble Chief Minister and as if the decision was taken by the Order of the Governor; When the non-issuance of Government Order and mere issuance of a Government Letter by the First Defendant and the response to RTI query exposing that he himself has stepped into the shoes of the Government, by taking an unilateral decision on his own, by violating the mandatory requirement of circulation of the file to the Hon’ble Minister for Forest and to the Hon’ble Chief Minister;When the 1st Defendant had suppressed material of facts, the burial of records and misleading statements furnished to the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 310 of 2015, in the Government’s counter affidavit filed on 29.2.2016; When the 1st Defendant had deliberately took all steps to commit inordinate delay by causing the continuous requests for adjournments of hearing of O.A.1249/2015 before the Hon’ble Central Administrative Tribunal for a period of five years till the disposal of O.A. by judgment dated 01/06/2020 in order to harass and victimize the Plaintiff who was not given the retirement and pensionary benefits; When further delay was committed in compliance of the Judgement dated 01/06/2020, passed by the Hon’ble Central Administrative Tribunal, Chennai Bench, in O.A.No. 1249/2015 beyond the stipulated time period;When 2nd Defendant as on date no files are available pertaining to the Plaintiff’s non- promotion in the said G.O, as declared in the response to query raised under the Right to Information Act, 2005, as per the E&F Letter No. 14744/FR.Spl.A/2021-1, dated 01.12.2020; When it has been exposed that no back Files are available relating to Government Order 26 Environment and Forests (FR.Spl.A) Dept., dated 5.3.2013 when details were asked under RTI Act 2005 as per the Letter No. 17103/FR.Spl.A/2020-1 E&F dated 7.1.2021;On 03/12/2020, when the deliberate harassment and victimization inflicted upon him was further exposed by proceedings of the Accountant General, Tamil Nadu, in which it was pointed out that the Plaintiff’s immediate junior was not only promoted to the level of Chief Conservator Forests on 05/04/2013, superseding the Plaintiff, but he was also awarded Non Functional Financial Upgradation with effect from 27/02/2011 and in this regard, the Accountant General had raised a query to the Fifth Defendant as to whether the same was granted to the Plaintiff in terms of G.O.Ms.No.26 Environment and Forests FR (Spl.A) Department dated 05/03/2013,
when the Defendants 4 to 6 have not taken any steps to comply with the judgment dated 01/06/2020 in true letter and spirit and non disbursement of consequential benefits upon the Plaintiff’s promotion as Chief Conservator of Forests with effect from 08/11/2012 including revised retirement and pensionary benefits to the plaintiff in the cadre of Chief Conservator Forests even after the Original Application was allowed and the Government had also issued order in G.O.Ms.No.76 E&F dated 28/10/2020 empanelling the Plaintiff and promoting him as Chief Conservator of Forests and when they have failed to disburse Non Functional Financial Upgradation benefits with effect from 27/02/2011 in terms of G.O.Ms.No.26 Environment and Forests FR (Spl.A) Department dated 05/03/2013 even till date i.e. seven years from the date of his retirement;Hence the Plaintiff was constrained to file the present suit within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit.
33. That the exact amount of damages is yet to be assessed by this Hon’ble court therefore, the amount of court fee may not be assessed at this stage, hence, only the tentative court fee of Rs. 100,100/- has been paid on the plaint. The plaintiff undertakes that the proper stamp duty according to the amount of damages awarded by this Hon’ble court shall be paid by the plaintiff as and when this Hon’ble court would direct for the same.

WHEREFORE, it is most humbly prayed that this Hon’ble Court may be pleased to pass a Judgment and Decree in favour of the Plaintiffs

(A) directing the Defendants to pay a sum of Rs. 1,00,01,000/- (Rupees One Crores and One Thousand only) jointly and severally;
(B) Direct the Defendants to pay the costs of the suit to the Plaintiff and
(C) Pass such other or further reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai this the day of February 2021

COUNSEL FOR PLAINTIFF PLAINTIFF VERIFICATION
I, Prof. Dr. A. Ramachandran, Ph.D., D.Sc., IFS (Rtd.) , son of (Late) Sri S.K. Andimuthu, Hindu, aged about 64 years residing at No.96/76, Greenways Extn, Road., Raja Annamalaipuram, Chennai 600028, the Plaintiff herein do hereby declare that what are all stated above are true to the best of my knowledge information and belief.

Verified at Chennai on this the day of February 2021

COUNSEL FOR PLAINTIFF PLAINTIFF

MEMO OF CALCULATION

Tentative amount of damage payable
by the Defendant is Rs.1,00,00,000.00

Court Fee is paid under Section 33 (1) of the Court
Fees Act on Rs.1,00,01,000/- is Rs.1,00,100.00

Dated at Chennai this the day of February 2021

COUNSEL FOR PLAINTIFF PLAINTIFF

LIST OF DOCUMENTS FILED U/O VII R 14(1) OF C.P.C
Sl.No. Date Description Remarks
1. 07.02.2008
G.O.(D) No.22, Environment & Forests (FR Spl.A) Department. Xerox copy
2. 20.03.2008 G.O.Ms.No.23, Environment & Forests (FR Spl.A) Department Xerox copy
3. 18.04.2008 G.O.RT No.396, Environment & Forests (FR SplA) Department Xerox copy
4. 17.07.2009 Letter No.988/U-1/2009 dated 17.07.2009 received from Secretary to Governor, Raj Bhavan, Chennai 600025, His Excellency Governor of Tamil Nadu, nominated Plaintiff as Syndicate Member of Anna University, Chennai 600025 for a period of 3 years from the date 17.07.2009. Xerox copy
5. 26.02.2010 Letter No.43/U-1/2010dated 26/02/2010 received from Secretary to Governor, Raj Bhavan, Chennai 600025 addressed to the Plaintiff, His Excellency Governor of Tamil Nadu, nominated as Syndicate Member of Madras University, Chennai for a period of 3 years from the date 26.02.2010. Xerox copy
6. 28.02.2011
G.O. (ID) No.62, Environment & Forests (FR SplA) Department. Xerox copy
7. 03.03.2011 Registrar, Anna University , Chennai proceedings No.351/PR15/2007 Plaintiff deputation period extension from 07.
02.2011 to 06.02.2014. Xerox copy
8. 08.11.2012 Approved Panel for promotion as Chief Conservator of Forests (G.O.Ms. 258, Environment & Forests (FR SplA) Department. Xerox copy
9. 05.03.2013 G.O.Ms.No.26, E&F (FR Spl.A) Dept., dated 05.03.2013. Xerox copy
10. 13.12.2013 Plaintiff’s representation letter dated 13.12.2013 seeking promotion of Chief Conservator of Forests addressed to the Addl. Chief Secretary to GoTN., E & F Dept. Secretariat, Chennai 600009
Xerox copy
11. 18.12.2013 Application for Voluntary Retirement of the Plaintiff Xerox copy
12. 05.02.2014 Relieving order from Anna University with an encomium to the Plaintiff Xerox copy
13. 07.02.2014 Plaintiff’s relieving order from Anna University Xerox copy
14. 10.02.2014 Joining report in the Forest Department of the Plaintiff Xerox copy
15. 20.03.2014 Order of Voluntary Retirement of Plaintiff vide G.O. RT No.210, Environment & Forests (FR Spl. B) Department Xerox copy
16. 18.02.2015 Order in OA.No.213/2014 Xerox copy
17. 14.07.2015 Impugned Order vide letter No.3900/FR.Spl.A/2014-9 dated 14.07.2015 of Thiru. Hans Raj Varma IAS, Principal Secretary to Govt. E & F Dept., Government of Tamil Nadu, Secretariat , Chennai Xerox copy
18. 18.08.2015 Original Application O.A No.1249/2015 Xerox copy
19. 01.06.2020 Judgment in O.A No.1249/2015 Xerox copy
20. 04.06.2020 Plaintiff’s request letter addressed to Principal Secretary to Govt., E& F Dept., Government of Tamil Nadu, Chennai 600009 for implementation of Judgment dated 01.06.2020. Xerox copy
21. 28.06.2020 Plaintiff’s request reminder letter dated 28.06.2020 addressed to the FifthDefendant for implementation of Judgment dated 01.06.2020. Xerox copy
22. 24.07.2020 Letter from the Registrar, Anna University, Chennai vide No.3971/MoE&F/2020 addressed to Dr.SandeepSaxena, IAS, Additional Chief Secretary to Government , E&F(FR.Spl.A.) Department, Government of Tamil Nadu, Secretariat, Chennai 600009 Xerox copy
23. 28.10.2020
G.O.Ms. No.76, Environment and Forests(FR.SPL.A) Department Xerox copy
24. 31.10.2020 Letter received from PCCF Office, Chennai 600015, vide reference No.A1/27737/2015 dated 31.10.2020. Xerox copy
25. 01.12.2020 Letter No.14744/FR.Spl.A/2020-1 dated 01.12.2020 –RTI reply from E& F (FR.Spl.A) Dept., Secretariat , Chenni 600009 Xerox copy
26. 03.12.2020 Letter No.GAD I/III/IFS/2020-21 of the Accountant General (TN) to the Principal Chief Conservator of Forests Xerox copy
27. 07.01.2021 Letter No.17103/FR.Spl.A/2020-1 dated 07.01.2021 –RTI reply from E& F (FR.Spl.A) Dept., Secretariat , Chennai 600009 Xerox copy
28. 18.01.2021 Plaintiff’s reminder letter addressed to the Fifth Defendant with a copy marked to the Sixth Defendant Xerox copy

Dated at Chennai this the day of February 2021

LIST OF DOCUMENTS FILED U/O VII R 14(2) OF C.P.C
-NIL AT PRESENT-

COUNSEL FOR PLAINTIFF

STATEMENT OF ADDRESS UNDER ORDER VI RULE 14 (A) C.P.C

Plaintiff

Prof. Dr. A. Ramachandran, Ph.D., D.Sc.,I.F.S., (Retd.)
No.96/76, Greenways Extention Road,
Raja Annamalaipuram,
Chennai – 600 028.

The address for service on the Plaintiff’s Counsel
The address of the Petitioner is as stated above. The address for service of all notices and processes on the Petitioner is that of his counsel, M/s. M. RAVI, PRIYA RAVI, P.KUMARAVEL AND M.SEDHUMADHAVAN, ADVOCATES, at No.30, 2nd Main Road, CIT Nagar East, Chennai – 600 035.

Defendants Addresses:
1. Mr. Hans Raj Verma, IAS.,
Additional Chief Secretary to Government,
Rural Development and Panchayat Raj Dept.
Government of Tamil Nadu,
Secretariat, Chennai – 600 009

2. Mr. C.V. Sankar, IAS (Retd.)
Former Additional Chief Secretary to Govt.,
Government of Tamil Nadu,
No. 2/26, Second Street, Karpagambal Nagar,
Kottivakkam, Chennai – 600 041

3. Mr. Mohan VergheseChunkath, IAS (Retd.)
Former Chief Secretary to Govt.,
Government of Tamil Nadu,
No.17, KaveriSalai,
Kalashetra Colony Extn.
Besant Nagar, Chennai – 600 090

4. The State of Tamil Nadu
Rep. by the Chief Secretary to Government,
Secretariat, Chennai – 600 009.

5. The State of Tamil Nadu
Rep. by the Principal Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai – 600 009

6. The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai -15.

Dated at Chennai this the day of February 2021

COUNSEL FOR PLAINTIFF PLAINTIFF

VERIFICATION

I, Prof. Dr. A. Ramachandran, Ph.D., D.Sc., IFS (Rtd.) , son of (Late) Sri S.K. Andimuthu, Hindu, aged about 64 years residing at No.96/76, Greenways Extn, Road., Raja Annamalaipuram, Chennai 600028, the Plaintiff herein do hereby declare that what are all stated above are true to the best of my knowledge information and belief.

Verified at Chennai on this the day of February 2021

COUNSEL FOR PLAINTIFF PLAINTIFF

Unprecedented Suit for damages filed by I.F.S. Officer against I.A.S. Officers for Rupees One Crore and One Thousand as token damage.

Plaintiff: D.Ramachandran IFS (V.Retd)

Through Counsel M.Ravi & Priya Ravi

Summons issued by High Court, Madras

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