High Court · 2025

WP No. 8036 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-10-2025CORAM :THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYANWP No. 8036 of 2024and WMP.No. 9004 of 2024K. Kalaiselvan ..PetitionerVs1. The State of Tamil NaduRep. by its Additional Chief Secretary to Government,Environment, Climate Change And Forest Department, Fort St. George, Chennai-9.2.The Principal Chief Conservator Of Forests & Head of Forest Force,Joint Forest Managemnet,Velachery Main Road,Guindy, Chennai-32.RespondentsPRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Certiorarified Mandamus, calling for the records in G.O.(2D) No.30, Environment, Climate Change and Forest(FR.2(ii) Department, dated 14.02.2023 on the file of the 1" respondent and quash the 1 https://www.mhc.tn.gov.in/judis WP No. 8036 of 2024same with consequential direction to the respondents to regularize our services in the cadre of forest watcher for the purpose of getting minimum pension / Family pension by giving relaxation in respect of height on par with juniors namely P. Karuppiah S. No. 4608 with effect from 24.01.1995 in the light of the order passed by this Court in W.P.No.9708 of 2014 dated 12.09.2014 same was affirmed by Division Bench in W.A.No.1703 of 2014 dated 20.01.2015 and implementation order passed by the first respondent in G.O.(2D) No.127 Environment, Climate change and Forest (FR.2(II)) Departmentdated 03.06.2023 within a time limit.For Petitioner:M/s. K.JenithaFor Respondents: Dr.T.Seenivasan,Spl.GPORDERThe prayer sought for in the writ petition is to call for the records in G.O.(2D) No.30, Environment, Climate Change and Forest (FR.2(ii) Department, dated 14.02.2023 on the file of the 1st respondent and quash the same with consequential direction to the respondents to regularize our services in the cadre of forest watcher for the purpose of getting minimum pension / Family pension by giving relaxation in respect of height on par with juniors namely P. Karuppiah S. No. 4608 with effect from 24.01.1995 in the light of the order passed by this Court in W.P.No.9708 of 2014 dated 12.09.2014 same was affirmed by Division Bench in W.A.No.1703 of 2014 dated 20.01.2015 and 2 https://www.mhc.tn.gov.in/judis WP No. 8036 of 2024implementation order passed by the first respondent in G.O.(2D) No.127 Environment, Climate change and Forest (FR.2(II)) Departmentdated 03.06.2023 within a time limit.2. Heard the learned counsel on either side and perused the materials available on record. 3. The petitioner was appointed as Social Forestry Worker on 31.12.1982 through Employment Exchange. Thereafter, vide G.O.Ms.No. 64, dated 08.03.1999, the Government had drawn the State Wide Seniority of Plot Watcher/Social Forestry Workers and the petitioner was included in the seniority list. Without following the seniority list, Government issued G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009 and the petitioner was brought into regular time scale of pay as Supernumerary Forest Watcher on 02.08.2017. The post to which the petitioner was brought into regular time scale of pay is not a cadre post and it was only a supernumerary post. Therefore, the petitioner submitted representation seeking to consider in accommodating him in the regular cadre post of Forest Watcher by giving them 3 https://www.mhc.tn.gov.in/judis WP No. 8036 of 2024relaxation with respect to height or age as the case may be, so as to enable the petitioner to get all the consequential benefits. 4. Similarly placed persons were granted relief in W.P.No.23647 of 2013 dated 12.09.2014. The said order was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.2072 of 2018 dated 11.08.2021. In fact, the said order was duly complied with by issuance of G.O.(2D).No.09 Environment, Climate Change and Forest (FR.2(II)) Department dated 08.02.2022. However, the representation of the petitioner is not considered so far. 5. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:-“7. Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioners that similarly persons have been given such benefits as per Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023. As per the above 4 https://www.mhc.tn.gov.in/judis WP No. 8036 of 2024Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government Orders, as the benefit has been extended to similarly placed person. In fact the plot watchers are frontline soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners are not granted such relief, the same is nothing but discrimination and it violates Article 14 of Constitution of India. In such view of the matter, the respondent shall extend the benefits as per above Government Orders as it is extended to similarly situated persons. ......” 6. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the Government Letter in G.O.(2D) No.30, Environment, Climate Change and Forest (FR.2(ii) Department, dated 14.02.2023 on the file of the 1st respondent, is hereby quashed. The respondents are directed to consider the case of the petitioner and pass orders on merits and in accordance with law, in the light of the order passed in W.P.Nos.21349 of 2023 and batch dated 03.08.2023, as the benefits have been extended to similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order. 5 https://www.mhc.tn.gov.in/judis WP No. 8036 of 20247. In the result, this writ petition stands allowed. Consequently, connected Miscellaneous Petition if any, is closed. There shall be no order as to costs.28-10-2025Index:Yes/NoInternet:YesakTo1. The Additional Chief Secretary to GovernmentEnvironment, Climate Change and Forest Department, Fort St. George, Chennai-9.2.The Principal Chief Conservator Of Forests,Joint Forest Management,Velachery Main Road,Guindy, Chennai-32.6 https://www.mhc.tn.gov.in/judis WP No. 8036 of 2024G.K.ILANTHIRAIYAN, J.akWP No. 8036 of 2024and WMP.No. 9004 of 2024 28-10-20257