High Court · 2025

W.P.No.12139 of 2025 etc.IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.10.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.Nos.10932, 10945, 10948, 10936, 10940, 11022, 11034, 11029, 11031, 11026, 14713, 15276, 39126, 39167, 39133, 39158, 39170, 39171 & 12387 of 2025and WMP.Nos. 12325, 12333, 12335, 12328, 12330, 12426, 12444, 12435, 43967 of 2025 [WP.No.10932 of 2025]N.Srinivasan .... PetitionerVs.1.Government Of Tamil Nadu Rep. By Its Additional Chief Secretary to Government, Environment,Climate Change and Forest Department, Fort St George, Chennai 600009.2.The Principal Chief Conservator Of Forests(Head Of Forest Force) Velachery Main Road, Guindy, Chennai 600032. .... RespondentsPrayer:- Writ Petition filed under Article 226 of Constitution of India for Page 1 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.the issuance of Writ of Certiorarified Mandamus, calling for the entire recurs which culminated in issuing Ref. No LL1 / 4093 / 2024 dated 17.12.2024on the file of the second respondent and quash the same and consequently directing respondent to regularize the service of petitioner after completion of ten years from date of initial appointment as a Plot Watcher on daily wage basis for the purpose of getting pension and family pension in the light of Honble Supreme court judgment delivered in C.A. No 6798 of 2018 dated 02.09.2019 and order in W.P No 21965 and etc. batch of 2023 dated 03.08.2023 same was implemented by the government in G.O (2D) No 98 FOREST ENVIRONMENT CLIMATE CHANGE AND FOREST (FR. 2 (II)) DEPARTMENT DATED 24.9.2024 and confer all consequential pensionary benefits.In all W.PsFor Petitioner:Mr.S.ManiIn W.P.Nos. 10932, 10945, 10948, 10936 &,10940 of 2025For Respondent:Dr.T.Seenivasan, Special Government PleaderIn W.P.Nos. 11022, 11034, 11029, 11031, 11026 of 2025For Respondent:Mr.Premkumar, Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc. Government AdvocateIn W.P.Nos. 14713, 15276, 39126, 39167, 39133, 39158, 39170, 39171 & 12387 of 2025For Respondent:Mr.C.Selvaraj, AGPC O M M ON O R D E RThe Writ Petitions in W.P.Nos. 10932, 10945, 10948, 10936, 10940, 11022, 11034, 11029, 39167 of 2025 have been filed challenging the orders passed by the respondents dated 17.12.2024, 25.10.2024, 22.03.2024, 03.02.2025, 23.07.2024, 18.02.2025, 06.05.2024, 17.12.2024 & 12.09.2022 respectively, thereby rejecting the request made by the petitioners and for consequently directing respondents to regularize the service of petitioner after completion of ten years from date of initial appointment as a Plot Watcher on daily wage basis for the purpose of getting pension and family pension in the light of Honble Supreme court judgement delivered in C.A. No 6798 of 2018 dated 02.09.2019 and Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.order in W.P No 21965 and etc. batch of 2023 dated 03.08.2023 same was implemented by the government in G.O (2D) No 98 FOREST ENVIRONMENT CLIMATE CHANGE AND FOREST (FR. 2 (II)) DEPARTMENT DATED 24.9.2024 and confer all consequential pensionary benefits.2. The Writ Petitions in W.P.Nos.11026, 11031, 39126, 39133, 39158, 39170, 39171, 12387, 14713 & 15276 have been filed for direction directing the respondents to regularize the service of petitioners/petitioners' husband as forest watcher after completion of ten years from date of initial appointment as a plot watcher on daily wage basis notionally for the purpose of pension/Family pension as the same was done in respect of other persons and in the light of Honourable Supreme Court Judgement delivered in C.A. No.6798 of 2019 dated 02.09.2019 order in W.P.No.21965 and etc. batch of 2023 dated Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.03.08.2023.3. Heard the learned counsel appearing on either side and perused the materials available on record.4. In similar issues, the Hon'ble Supreme Court of India in the case of Prem Singh Vs State of Uttar Pradesh and others in C.A.No.6798 of 2019 dated 02.09.2019, held as follows:-“35. There are some of the employees who have not been regularized in spite of having rendered the services for 30-40 or more years whereas they have been superannuated. As they have worked in the work-charged establishment, not against any particular project, their services ought to have been regularized under the Government instructions and even as per the decision of this Court in Secretary, State of Karnataka & Ors. v. Uma Devi 2006 (4) SCC 1. This Court in the said decision has laid down that in case services have been rendered for more than ten years without the cover of the Court's order, Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.as one time measure, the services be regularized of such employees. In the facts of the case, those employees who have worked for ten years or more should have been regularized. It would not be proper to regulate them for consideration of regularisation as others have been regularised, we direct that their services be treated as a regular one. However, it is made clear that they shall not be entitled to claiming any dues of difference in wages had they been continued in service regularly before attaining the age of superannuation. They shall be entitled to receive the pension as if they have retired from the regular establishment and the services rendered by them right from the day they entered the work-charged establishment shall be counted as qualifying service for purpose of pension.”5. Further, in similar matters, this Court also considered the similar request in W.P.Nos.21349 of 2023 and etc., 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 Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.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 Government 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 Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.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 orders cannot be sustained and are liable to be set aside. Accordingly, the impugned orders passed by the respondents dated 17.12.2024, 25.10.2024, 22.03.2024, 03.02.2025, 23.07.2024, 18.02.2025, 06.05.2024, 17.12.2024 & 12.09.2022 are hereby set aside. The respondents are directed to consider the case of the petitioners in all the Writ Petitions and pass orders on merits and in accordance with law, in the light of the judgement delivered in C.A.No.6798 of 2019 dated 02.09.2019 and the order passed in W.P.Nos.21349 of 2023 etc., batch dated 03.08.2023, within a period of twelve weeks from the date of receipt of a copy of this order.Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.7. Accordingly, all the Writ Petitions are allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 29.10.2025shrIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoNote:- Registry is directed to incorporateCause title for all the cases andissue order copyTo1.Government Of Tamil Nadu Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.Rep. By Its Additional Chief Secretary to Government, Environment,Climate Change and Forest Department, Fort St George, Chennai 600009.2.The Principal Chief Conservator Of Forests(Head Of Forest Force) Velachery Main Road, Guindy, Chennai 32.Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.G.K.ILANTHIRAIYAN, J.shrW.P.Nos.10932, 10945, 10948, 10936, 10940, 11022, 11034, 11029, 11031, 11026, 14713, 15276, 39126, 39167, 39133, 39158, 39170, 39171 & 12387 of 2025and WMP.Nos. 12325, 12333, 12335, 12328, 12330, 12426, 12444, 12435, 43967 of 2025 Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc.29.10.2025(1/2)Page 12 of 12